Your 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.
|2. USE 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).
|Subject to 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.
|You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Conditions.
|You acknowledge 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.
|3. INTELLECTUAL PROPERTY RIGHTS
|You acknowledge 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 related software.
|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.
The material 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:
5.2.1 the material will be suitable for any particular requirement of yours or use by you;
5.2.2 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.
Subject 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:
6.1.1 no liability is accepted for any financial loss or loss of anticipated savings, profits or otherwise;
6.1.2 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.
|Nothing in these Conditions shall exclude our liability for death or personal injury as a result of negligence.
|In accordance with the Consumer Transactions (Restrictions on Statements) Order 1976 nothing in these Conditions shall affect your statutory rights as a consumer.
|7. FURTHER CONDITIONS RELATING TO THE USE OF BULLETIN BOARD, CHAT ROOM AND OTHER
COMMUNICATIONS FORUMS ("THE FORUMS")
|In addition to the other provisions of these Conditions:
You agree 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:
7.1.1 defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7.1.2 publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
7.1.3 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;
7.1.4 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;
7.1.5 delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
7.1.6 falsify the origin or source of software or other material contained in a file that is uploaded;
7.1.7 advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters; and/or
7.1.8 download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
|You acknowledge 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.
We reserve 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 whatsoever.
If you 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 a result.
|These Conditions 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.
|You acknowledge that we may modify these Conditions at any time for any reason.
|In these 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 versa.
|The headings in these Conditions are included for convenience only and shall not affect their interpretation.
|Nothing in 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.
|Any notice 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.
|No waiver 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 provision.
|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.
|These Conditions are subject to the laws of England and Wales and you agree for our benefit to submit to the exclusive jurisdiction of the English Courts.
|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.