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ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITE UNDER THE DOMAIN NAME WWW.THETANGERINE.CO.UK AND ALL OTHER DOMAIN NAMES POINTING TO WWW.THETANGERINE.CO.UK ("WEBSITE") AND TO ANY CORRESPONDENCE BETWEEN US ("THE COMPANY", "WE") AND YOU ("USER", "MEMBER"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. EACH TIME YOU ACCESS AND USE THIS WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND THE COMPANY'S PRIVACY POLICY. ACCESSING AND USING THIS WEBSITE INCLUDES ACCESSING AND USING ANY SERVICES AND AMENITIES (E.G. ORGANISED EVENTS, FORUMS, ETC.) AS OFFERED TO MEMBERS BY THE COMPANY. IF YOU DO NOT ACCEPT THESE TERMS AND THE COMPANY'S PRIVACY POLICY, DO NOT USE THIS WEBSITE.
INTRODUCTION
1.1 You will be able to access areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you become a member.
1.2 For the avoidance of doubt, these Terms and the Privacy Policy referred to herein are applicable to members and non-members. Further, the Privacy Policy forms part of these Terms.
1.3 By accessing and/or using any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.4 The company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.5 By accessing and using this Website, you hereby represent and warrant that you are over the age of 18.
1.6 By accessing and using this Website, you hereby represent and warrant that you have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 or similar Acts (or under any statutory act replacing or amending such Act or similar Acts.
1.7 By accessing and using this Website, you hereby represent and warrant that you have not been the subject of any injunction or any order to pay damages under the Protection from Harassment Act 1997 or similar Acts (or under any statutory act replacing or amending such Act or similar Acts).
1.8. By applying to become a member, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the company's registration form and (b) maintain and promptly update your details to keep them true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or that you are registering as an alias on behalf of another person, then the company has the right to suspend or terminate your account without refund and refuse any and all current or future use of the Website.
1.9 If you are not able to or willing to give the warranties and representations set out in paragraphs 1.5 – 1.8 above, then you must leave this Website immediately. Further, you must not apply to become a member.
1.10 "Members" mean any members of The Tangerine or any person intending to or who have applied for membership of The Tangerine upon the terms and conditions contained herein.
1.11 "Events" mean any of the events and activities organized by The Tangerine for members.
MEMBERSHIP
2.1 Membership to this Website and its services and events is solely at the discretion of the company who reserve the right to refuse of cancel any membership at any time. Further, the company also reserves the right, in its sole discretion, to ask for identification with respect to attendance at any company organised event or activity as advertised on this Website and to refuse admission without further notice to you.
2.2 The Tangerine reserves the right at all times and in its absolute discretion to determine the number of members in the group.
2.3 Members shall conduct themselves when participating in all events and activities in a sensible, safe and social manner towards all other members and towards the General Public and towards all those persons, firms or companies providing members with instruction or guidance in connection with the participation by members in events. Any complaints made to The Tangerine in respect of behaviour of members will be dealt with either by expulsion or The Tangerine may prevent the accused member from participating in any future event or from renewing membership.
EVENTS
3.1 Members shall equip themselves for events and activities as specified by The Tangerine in any communications or as specified by those persons, firms or companies booked by The Tangerine to provide instruction and guidance to members. The Tangerine will use its best endeavours to ensure that specialist equipment is provided for the use of members at events and activities requiring such equipment but The Tangerine shall not be liable for any defects therein or shortages thereof or any parts thereof at any events or activities in which members participate. Where special equipment is provided as required, members must at all times use the same as instructed and must not under any circumstances tamper with or abuse such equipment. The Tangerine will not be held responsible or liable for the failure by any member to use or use properly any equipment provided (whether specialized or otherwise) for the performance of events.
3.2 In view of the potentially dangerous nature of particular events or activities, The Tangerine or its suppliers may arrange accidental insurance cover for members for events or activities. Details can be obtained from the office. In addition, members may arrange their own accident insurance through companies of their own choice to suit their personal circumstances. It is deemed that The Tangerine members have full responsibility for arranging (or not as the case may be) their own Accident Insurance cover at their discretion.
3.3 Notwithstanding that The Tangerine will at all times use its best endeavours to eliminate or minimize the risk involved in participating in the events or activities, members shall take and bear all risks involved in participating in the events or activities.
3.4 For certain events Insurance cover will be (because of the nature of an event or activity) unavailable or unobtainable either by The Tangerine or by members and in such case members assume the risk involved in participating in such events or activity. Participation by members in such events is entirely at the members own risk and all such participating members may at the discretion of The Tangerine and before taking part in the event or activity concerned be required by The Tangerine to sign a form of special disclaimer in respect of the liability of The Tangerine for accident or injury to such members or its suppliers.
3.5 Guests of members may be asked by The Tangerine or its suppliers at its discretion to sign a form of Special Disclaimer in respect of the liability of The Tangerine for accident or injury to such guests whether or not insurance cover is available or unobtainable for a particular event or activity. Any such guest refusing to sign such disclaimer (where requested to do so by The Tangerine) will be prevented (so far as such prevention is lawful) from participating in the event or activity concerned and in such circumstances a guest of a member are so prevented from participating in any event or activity may not be entitled to any refund of booking fees paid.
3.6 Members shall not hold The Tangerine responsible or liable in any way whatsoever for the cancellation for whatever reason of an event or activity. Where cancellation arises and is the fault of a supplier of an event or activity, The Tangerine will use the best endeavours to procure the return of the booking fees and any other monies paid by members for such events or activities.
3.7 Where an event is cancelled for any reason by a member or guest, they are bound by the cancellation policy which appears in the website.
3.8 The Tangerine may supply personal information about members and guests who are booked on a particular event or activity to the supplier of that event or activity. The information (e.g. details of dietary requirements, medical conditions etc) is for the members' comfort and safety and will not be used by other groups of suppliers for any other purpose.
3.9 Photographs of members taken at events or activities organized by The Tangerine may be published on the website or any other publicity material. If a members sees a photograph they would not like to be used, please contact the office.
INTELLECTUAL PROPERTY RIGHTS
4.1 You are permitted to print and download extracts from this Website on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text;
(c) the company's and/or any licensor's copyright notice appear in all copies and;
(d) such printing and downloading is for your own personal use only and not for any commercial use, application, distribution or copying.
4.2 Unless otherwise stated, the copyright, functionality and other intellectual property rights in all material on this Website (including without limitation photographs, graphical images, text, layout, design, site mapping and the selection and arrangement thereof) are owned by the company, its licensors or its members and you may -not copy, pass-off, modify, publish, transmit, distribute, display, reverse-engineer, sub-license, sell or in any other way deal with any such copyright, functionality or intellectual property.
4.3 The company does not claim ownership of any material or information posted or transmitted by members to this Website. To enable the company to use such material, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free license to exercise the copyright, publicity and database rights that you have in such information including all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Such exercise may include, but is not limited to, copying, distributing and publicising such material as the company sees fit in the normal course of its business.
4.4 For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 4.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
4.5 Subject to paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the company's express prior written permission.
4.6 Any rights not expressly granted in these terms are reserved.
SERVICE ACCESS
5.1 While the company endeavours to ensure that this Website is normally available 24 hours a day, the company will not be liable if for any reason this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the company's control.
5.3 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your membership, use or access to this Website and refuse to provide our services to you without notice to you: (a) if you breach any of these terms and conditions or any documents incorporated by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration or; (c) if we believe that your actions may cause legal liability for you, our users (members or otherwise) or us.
SUBSCRIBER MATERIAL AND CONDUCT
6.1 Please use caution and common sense when accessing or using this Website and/or the services and events made available to its members. Your use of this Website and/or the services and events made available to you is entirely at your own risk.
6.2 Members are reminded that they are solely responsible for the content of anything that they publish or display on this Website or transmit to other members.
6.3 You are prohibited from posting or transmitting to or from this Website any information or material:
(a) that is threatening, harassing, patently offensive, defamatory, seditious, pornographic or abusive or violent in relation to anyone in any way, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of copyright or in breach of privacy;
(b) that is false, inaccurate or misleading;
(c) that contains personally identifiable information, including, but not limited to, email addresses, postal and/or street addresses and mobile or telephone numbers (the only exception to this sub-clause relates to paragraphs 6 and 7 of the Privacy Policy where such exchange via anonymous messaging or via attendance at any company and/or subscriber organised event is entirely at your own risk);
(d) that involves the transmission of advertisements, junk mail, chain letters, mass mailing or spamming;
(e) that engages in commercial activities or constitutes the solicitation of commercial services including asking for subscribers personal details including emails for the purposes of any future commercial solicitation of anykind;
(f) that would create a liability for the company or cause the company to lose (in whole or part) the services of our internet service provider or other suppliers;
(g) for which you have not obtained all necessary licences and/or approvals;
(h) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
(i) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(j) further, with respect to your attendance at any company or subscriber organised events, you must not engage in commercial solicitation of any kind nor may you collect personal information for the purposes of any future commercial solicitation of any kind;
(k) further, with respect to your attendance at any company organised events, if requested by another member, you must cease and desist all contact with that member – harassment of any kind (commercial or otherwise) will not be tolerated by the company;
(l) further, with respect to your attendance at any company organised event, you will be solely responsible for any cancellation fees incurred due to your non-attendance without due notice and for any fees incurred due to your lack of non-payment, howsoever caused – the company reserves the right, without notice, to collect any such payments due as noted herein.
6.4 You may not misuse the Website including, without limitation, by hacking. Further, you will not use or induce the use of any robot, spider, other automatic device or manual process to monitor or copy our Website or content contained therein without our prior express written permission.
6.5 The company will fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of paragraphs 6.3 or 6.4. Further the company will fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone in breach of paragraphs 6.3 (j) –(l) or paragraphs 1.6 and 1.7 of these Terms.
LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The company has not reviewed all of these third party websites and does not control and is not responsible for these websites, their terms and condition, their privacy policy or their content.
7.2 The company therefore does not endorse or make any representations about them or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and the company shall bear no liability whatsoever in relation to such access.
7.3 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the company logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the company nor present any other false information about the company;
(e) you do not otherwise use any company trade marks displayed on this Website without express written permission from the company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.4 The company expressly reserves the right to revoke the right granted in paragraph 7.3 for breach of these terms and to take any action it deems appropriate.
7.5 You shall fully indemnify the company for any loss or damage suffered by the company or any of its group companies for breach of paragraph 7.3.
REGISTRATION AS A MEMBER
8.1 By registering as a member, the representations and warranties noted in paragraphs 1.5 – 1.9 in this legal notice shall be deemed to be repeated by you.
8.2 The company reserves the right, in its sole discretion, to change it's fee structure at any time. In all circumstances, you will be given at least 21 days' notice of any proposed change to the company's fee structure.
8.3 Members understand and agree that the company may send certain communications such as service announcements and administrative notices and that you will not be able to opt out of receiving them.
8.4 The company reserves the right at any time, in it's sole discretion, to modify or discontinue, temporarily or permanently, your use (and/or membership, where applicable) of this Website and its services with or without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance as noted herein.
8.5 Further, your membership (including, but not limited to, access to this Website and its services and any events organised by the company) may be terminated at any time, without notice, should you be in breach of any of the Terms of this legal notice or the Privacy Policy. Should termination occur due to your breach as outlined in this paragraph, you will not be entitled to any refund whatsoever of any membership fees paid.
8.6 Upon your request, we will deactivate your account and contact information from our active databases. To make this request, email squeeze@thetangerine.co.uk and such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.
8.7 For the avoidance of doubt, these Terms shall remain effective regardless of termination of membership, howsoever caused.
8.8 Refunds (company organised events). For the avoidance of doubt, any payments and/or deposits made with respect to any company organised event are non-refundable.
8.9 Refunds (Membership Fees). With respect to any membership fees paid, all fees are non-refundable. Further, cancellation and/or non-renewal of your membership shall not entitle you to a refund of any membership fees paid.
DISCLAIMER
9.1 While the company endeavours to ensure that the information on this Website is correct, the company does not warrant the accuracy and completeness of the material on this Website. The company (or, where applicable, members) may make changes to the material on this Website, or to the information described in it, at any time without notice. The material on this Website may be out of date, and the company makes no commitment to update such material.
9.2 The material at this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the company provides you with this Website on the basis that the company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
LIABILITY
10.1 The company, and any of the company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Website (including any services or events as provided or organised by the company) in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
10.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.3 In the event that you have any right, claim or action against any other user (member or otherwise) or third party arising from either your or that user's or third party's use of our Website, you hereby agree to pursue such right, claim or action independently and without recourse to the company and you hereby release the company from all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising from or in any way connected with such right, claim or action.
10.4 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.
PRIVACY
11.1 Use of this Website is governed by our Privacy Policy which forms part of these Terms.
NOTICES
All correspondences to the company must be sent by email to the company at squeeze@thetangerine.co.uk Correspondence to members will be sent to the email address that you provide to the company when registering. Receipt is deemed 24 hours after an email is sent.
THIRD PARTY RIGHTS
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
GENERAL
If any provision of this legal notice is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this legal notice (and all documents incorporated by reference) may be automatically assigned by the company in our sole discretion to a third party in the event of a merger or acquisition. You and the company are independent contractors and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this legal notice. Our failure with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This legal notice (including the Privacy Policy) sets forth the entire understanding and agreement between us with respect to its subject matter.
GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
PRIVACY POLICY
This Privacy Policy sets out how The Tangerine ("the Company") handles your personal data and is expressly incorporated, by reference, into the company's Terms and Conditions. This Privacy Policy applies to all users of the company's website (i.e. both subscribers and non-subscribers) and you should ensure that you review it regularly as the company may change or modify it from time to time. Each time you visit the company's website ("Website"), you will be deemed to have accepted the notices set out within this Privacy Policy.
The company is registered with the Information Commissioner's Office (Registration Number Z9214470) and all data handled and stored by the company is done so in compliance with the Data Protection Act 1998. Further information about data protection can be found at the Information Commissioner's website here.
1. The company respects your privacy and does not sell or rent mailing lists to third parties or marketing campaigns under any circumstances. The company may, however, collect and provide certain anonymised data (e.g. age, location, etc.) to its advertisers, agents, sponsors and other 3rd parties.
2. This Website may collect basic information which identifies you as an individual, such as your name, contact details and email address, if you become a member. This information will only be used to respond to any communications initiated by you to us in relation to your use of this Website, provide the services as requested by you in relation to this Website and may, in general, require us to communicate with you from time to time.
3. The company reserves the right to send you communications if, in the company's sole discretion, we deem that your actions on this Website violate the company's Terms and Conditions or this Privacy Policy.
4. Should you chose to enter any of the company's competitions or surveys, we may require your contact information (for example, your name and email address) and demographic information (for example, your age or interests). In such cases, you consent to our providing your personal information to those 3rd parties as necessary in order to effect the competition or to give effect to the survey, as applicable. In such cases, we are not responsible for the Privacy Policy of those 3rd parties.
5. If you send us personal correspondence or if other users (i.e. members or otherwise) or third parties send us correspondence about your activities or postings on this Website, we may collect such information into a file specific to you and may use such contact information to correspond with you with respect to any such correspondence (including, but not limited to, reports of spam or harassment).
6. This Website may contain links to other websites and the company is not responsible for the privacy policy of such websites.
7. When you visit this Website, a small amount of data known as a "cookie" may be stored on your computer's hard drive. Cookies may include information concerning, for example, the type of web browser you are using, your IP address or the web page from which you came which in turn may help us to monitor how this Website is accessed.
8. The company does not use cookie technology to collect confidential information, however, the company may use cookie technology to enhance your use of the Website (for example, by allowing you to save your password or other personal information). Should you object to the use of cookies, you can reconfigure your web browser to reject them. Please note that by disabling cookies, you may not be able to access certain areas on the Website. Additionally, the company is not responsible for nor controls the use of cookies by any third parties.
9. We cannot ensure that all of our private communications and other personally identifiable material will never be disclosed in ways not anticipated by our Privacy Policy. For example, we may, by law, be forced to disclose certain information to government or law enforcement agencies. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications will always remain private.
10. Personal information held by the company is held on and processed by computers located in the United Kingdom.
11. The company uses industry standard security to safeguard the confidentiality of your personally identifiable information however, please be aware that "perfect security" does not exist on the internet. Further, it remains each member's responsibility to safeguard against unauthorised access to their member details, to ensure that only the member logs on to the company's service, to ensure that the member logs off from the company's service when not using it and to keep his/her log-in details safe.
12. If all (or substantially all) of the company's assets which are used to operate the company's business are acquired by a third party, then personal information may be transferred to that third party.
13. Should you have any questions or concerns about this Privacy Policy, please contact The Tangerine here. |
