Terms and Conditions
Last updated June 2018
In these conditions, the following words have the following meanings, unless the context requires otherwise:
1.2 “Content” means any File, series of Files or other material posted on the Site, including the content of any messages sent or received using the messaging function, comments on any File or material posted on the Site, comments provided in discussions and similar;
1.3 “Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
1.4 “Default” means any breach of contract, tortious act and/or omission and/or any breach of statutory duty;
1.5 “File” means any video, music, image, picture, text file, logo or similar graphical representation which a Member and/or Visitor is permitted to view, use, copy or download;
1.6 “Intellectual Property Rights” means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same;
1.7 “Member” means any individual whose registration for the Service has been approved and remains valid for the time being and “Membership” shall be construed accordingly;
1.8 “Network” means the platform from which information is provided to users regarding illegal activity aimed at individuals over the age of sixty
1.9 “Partner” means any body or organisation which promotes its services or products via the Network with our prior approval, including sponsors;
1.11 “Profile” means the section posted by a Member containing information about itself and the Member’s key personnel;
1.12 “Purpose” shall have the meaning given in clause 1;
1.13 “Service” means the service provided via the Site or via telephone to you including, but not limited to, obtaining information about scams and fraudulent activity, allowing you to browse the Site, view Profiles, send messages (where such functionality is available), , or comment on Content and discussions;
1.14 “Site” shall have the meaning given in clause 1 and any other URLs which forward to such URL or which we may use to provide the Service from time to time;
1.15 “Supplier” means any Member to the Site who lists their products or services as part of the marketplace function (if available at the time of visiting) or otherwise promotes their products or services on the Site;
1.16 “User” means a Member or a Visitor;
1.17 “Visitor” means any person who browses the Site without registering as a Member and “visiting” shall be construed accordingly;
1.18 “We/Us” means Silver Friend Limited, trading as Reassura and “us”/“our” shall be construed accordingly;
1.19 “You” means a User.
2 ABOUT US/THE SITE/TELEPHONE SERVICE
2.1 The website hosted at http://reassura.com (“the Site“) and the Services are operated by us as the Network in order to provide information and advice, a forum and news updates, usually to older individuals, regarding illegal activity targeted specifically at their age demographic. (“the Purpose”)
2.2 Full access to the Site shall be initially available to member of the public. The purpose of the Site is to provide Users with a secure platform to:
- Learn about fraud targeting older individuals and how to avoid it
- Learn about the Service and how to join
- Learn about us
- Source information and intelligence in relation to fraud
- learn from one another; and
- access services and benefits from Partners.
3.1 This Agreement shall begin on the date your Membership is approved Your Membership registration shall not be deemed to have been accepted by us until you have received a confirmation email or letter. This Agreement shall continue until terminated in accordance with clause 12 of these terms.
4. CONDITIONS OF CONTRACT
4.1 You must be an individual aged eighteen or over to register as a Member or use all of the functionality of this Site. Visitors obtain limited access to certain parts of the Site.
4.2 By using the Site, you represent and warrant that you have the right, authority and capacity to enter into and to abide by the terms and conditions of these Terms.
4.3 The terms and conditions of these Terms shall supersede any prior terms and conditions previously notified to you.
4.4 Any use of the Site for purposes other than those set out above is strictly prohibited and a breach of these Terms.
4.5 Only one account can be created on the Site per Member (when such functionality becomes available) which can include details of the Member and any key personnel.
4.6 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by us in writing.
4.7 You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
4.8 We do not verify the information provided by Members for the purposes of their Profile and participation in the Network, but reserve the right to monitor and at our option to remove for any reason any information, messages, photographs and/ or other Content posted by you.
4.9 We shall have the right to terminate your Subscription in accordance with the hese Terms.
5 YOUR OBLIGATIONS
5.1 You agree not to, and shall not:
5.1.1 disclose your chosen password to any unauthorised person. You agree to notify us of any unauthorised use of your password, account or other breach of security;
5.1.2 leave your browser logged on to the Site without your attendance so that unauthorised persons might be able to access and/or amend your Profile or send messages or make comments without your knowledge;
5.1.3 exit from the Site without properly logging off using the “Sign Out” link;
5.1.4 attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
5.1.5 post and/or reproduce in any way any Files or information and/or material which infringes the Intellectual Property Rights of another party;
5.1.6 copy, store, modify, transmit, distribute, broadcast or publish any part of the contents of the Site, save in accordance with these Terms;
5.1.7 use the Service to initiate the sending of unsolicited advertising or promotional material, including without limitation, junk mail for commercial or non-commercial reasons;
5.1.8 in any way assign, transfer, part with and/or authorise any other person to use your Subscription;
5.1.9 subject to clause 5.3, create derivative works of the Site from another website under your management or control;
5.1.10 copy, modify, reverse engineer/assemble or otherwise attempt to discover or tamper with any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer, any rights related to the coding of the Site or modify the coding in any manner or form;
5.1.11 use modified versions of the coding for the Site, including (without limitation) for the purpose of obtaining unauthorised access to this Site;
5.1.12 access the Site by any means other than through the interface that is provided by the Site for online access, as displayed to the general public or to Members via the dedicated sign in page;
5.1.13 use the Site for your own commercial purposes or commercial gain or in a way which infringes the rights of others;
5.1.14 re-sell, copy or incorporate into any other work of part or all of a File in any form without our express written permission, save that you may print or download extracts of the Content for personal use only; and
5.1.15 use a name so as to infringe our rights, or those of any other person (whether in statute or common law), in a corresponding trade mark or name. You acknowledge that we cannot guarantee that any username you request (where such functionality is available) will be available or approved for use. We reserve the right to require you to select a replacement name and we will suspend our Service to you if, in our sole opinion, there are reasonable grounds for us to believe that your current choice of name is, or is likely to be, in breach of the provisions of these Terms.
5.3 You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or its members or take advantage of us. In the absence of our express written consent, you may not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists. You must not establish a link from any website that is not owned by you. You must not establish a link from any website containing offensive or otherwise inappropriate Content. The Site may not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to remove linking permission without notice. You agree to remove any links upon our request or on termination of this Agreement.
5.4 We may charge a fee for the delivery of the Service, details of which will be set out in the Membership application form. You agree to make payment to us when Charges fall due.
6 YOUR PROFILE
6.1 You warrant that the information provided in your application for membership and/or, when such functionality becomes available, posted in your Profile is truthful, complete and accurate, not misleading and regularly updated by you as and when necessary.
6.2 Where applicable, we reserve the right to review your Profile from time to time and to amend and/or delete it if we, in our sole discretion (on reasonable grounds), think that it should be amended and/or deleted.
7 INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
7.1 All Intellectual Property Rights in the Service and Site are owned by us absolutely. All intellectual Property Rights in your Content are owned by you absolutely. You hereby grant to us a non-exclusive, perpetual licence for the purposes of displaying, copying, reproducing, analysing and using your Content as we deem fit and the right to grant sub-licences of such licence to any successor in title of ours.
7.2 You will keep confidential and not use, except for purposes contemplated by these Terms, any information relating to the Service which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law.
7.3 We will use our reasonable endeavours to keep all information you provide to the Site, including your personal details such as your surname, e-mail address confidential and will not disclose such information, except where it is public knowledge, is required to be disclosed by law or as a result of a genuine complaint where disclosure is necessary.
7.4 Feedback and comments provided by Users shall be kept confidential by us, unless required by law or regulation to disclose the same and may be shared on an anonymous basis with the specific Supplier or Partner to which they relate for the purposes of moderation.
7.6 We do not accept responsibility for you sharing confidential information with other Users of the Site. It is your responsibility to ensure the necessary confidentiality agreements are in place prior to sharing such information.
8 ACCURACY OF INFORMATION
8.1 Any information contained on the Site, and any other websites relating to the Network and produced by us, relating to service provision and Suppliers’ details, is provided by the Suppliers. Whilst we shall endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of such information, products or services.
8.2 The pages of the Site are subject to change without notice. Any reliance you place on any such information is therefore strictly at your own risk.
8.3 We do not warrant that any of the information and/or Content provided as part of the Service is accurate. It is a condition of our allowing you to access the Site and Service that you accept that we will not be liable for any action you take in reliance on the Content contained therein.
8.4 We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to technical issues beyond our control. In particular, errors or conflicts in the software or data may not be correctable.
8.5 You are responsible for obtaining access to the Service via the internet or telephone. We cannot assume any responsibility for your failure to access the Site or Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up or hosting charges) and any equipment necessary to access the Service shall be your responsibility. You are also responsible for any fees or expenses incurred in uploading or downloading Files to or from the Site.
9 UPLOADING CONTENT TO THE SITE
9.1 Should you choose to make use of functionality that allows you to upload Content or make contact with other Members on the Site, you must comply with the following provisions.
9.2 These provisions apply to any Content uploaded to the Site, including that provided via discussion forums and interactive services. Uploads and other contributions must be accurate and fair, comply with applicable laws and must not:
- be defamatory, obscene, offensive, discriminatory, hateful or inflammatory or promote violence or illegal activity;
- be likely to cause annoyance, inconvenience or needless anxiety for any other Users;
- infringe any copyright or trade mark held by another party;
- be likely to deceive;
- be in contradiction of any legal duty owed to a third party;
- misrepresent your organisation or yourself;
- imply any representation by us.
9.3 You agree to notify us as soon as is practicable in the event you believe any Content contained within your account or provided by others on the Site does not comply with the provisions of this clause in order that we may investigate whether it should be removed from the Site or edited.
10 USE OF FILES
10.1 Use of the Files and any accompanying materials downloaded from the Site is on condition that you will not add, subtract or in any way alter or edit any File (including, for this purpose, any machine-readable code which may be a part of any File), nor will you make any use whatsoever of any File or any other element of our or any third party’s Intellectual Property Rights (including but not limited to our name, whether used in a URL, metatag, hyperlink or otherwise) other than for the purposes of, and as contemplated by, these Terms or as may otherwise be specified by us in writing.
11 MESSAGING VIA THE SITE
11.1 You will be able to send messages to and receive messages from other Users using the messaging functionality on the Site becomes available. You are solely responsible for your interactions with other Members and any messages you send via the Site and we accept no liability for the same.
11.2 We reserve the right, but have no obligation, to monitor disputes between you and other Users.
11.3 We may communicate with you via the messaging functionality on the Site or by email.
12.1 Notwithstanding any other clause of these Terms and subject to clause 2, Annual membership, membership paid in annual single sum, either party may terminate this Agreement at any time, for any reason at its absolute discretion, however if a member terminates there is no refund for unused quarters except in the event of death. Quarterly membership, membership paid on a quarterly basis, either party may terminate this Agreement at any time, for any reason at its absolute discretion, however if a member terminates there entitlement to us the service ends immediately and there is no refund. To close your account, please send a message to firstname.lastname@example.org or call us on 0800 888 6400 And follow the procedure set out below.
12.2 Termination of these Terms shall not affect the accrued rights and liabilities of either party or your statutory rights. Where you cancel within fourteen days after commencement of the Service, you will be entitled to a refund, as determined by the Consumer Contracts Regulations 2013 or such other legislation as shall amend or replace those Regulations.
12.3 Following termination, you agree that we may immediately deactivate your account and all related data in your account and/or bar any further access to the Service. You agree that we shall not be liable to you or any third party for any termination of your access to the Service and shall not be liable to remove data, if requested or demanded by any individual or entity, unless required by law. We shall not be responsible for failure to remove your Profile or any other data supplied by you, once the account becomes inactive for any reason, but shall remove it as soon as reasonably practicable after a written request by you.
12.4 We may terminate this Agreement or transfer it to a replacement provider in the event that the Network is no longer provided by us.
13 LIMITATION OF LIABILITY
13.1 The information contained on the Site and provided by telephone is for general guidance only on your rights and responsibilities and does not constitute advice, legal or otherwise. If you need more details on your rights or advice about what action to take (or refrain from taking), please contact an appropriate adviser or solicitor.
13.2 Whilst we have taken every precaution in compiling the information on the Site, neither we nor any contributors to the Site can be held responsible for any action (or the lack thereof) taken by any person or organisation, wherever they are based, as a result of any information contained on the Site or given in a telephone call.
13.3 We do not accept liability for any damages whatsoever, including, without limitation, any arising out of, or in connection with the use or loss of use of this Site or telephony services, save to the extent such claim is reasonable.
13.4 [We and our appointed third parties do not accept any responsibility for liability arising from the Member’s choice of Supplier or Partner identified via the Network, nor from any aspect of any work that a Supplier or Partner agrees to undertake. Any service provided by a Supplier or Partner to the Member will be provided subject to the relevant Supplier’s or Partner’s normal terms of business. We shall not, under any circumstances, be liable to you, the Supplier, Partner or any third party for any loss, damage, cost or other liability which occurs as a result of, or in connection with the Supplier’s or Partner’s provision of services to you.]
13.5 Comments and other materials posted on the site by us do not constitute advice and are not intended for use without professional advice.
13.6 We cannot be responsible for any Files downloaded or otherwise obtained through use of the Service, which is done at your own discretion and risk. You will solely be responsible for any damage to your computer system stemming from any losses which might result from the downloading of such material.
13.7 You shall produce to us written evidence of any claim for which it is alleged that we are liable, together with written details of how any loss was caused by us and the steps you have taken to mitigate your loss before we shall have any liability for any claim by you.
13.8 It is possible for other Users and/or third parties to obtain and misuse information about you as a result of your use of the Service. We shall have no liability to you arising out of such misuse, which is beyond our reasonable control.
13.9 Through the Site you are able to link to other websites which are not under the control of us. We are not responsible for and have no control over the nature, Content and availability of those sites or for any products (including software) or services provided by third parties advertised, sold or otherwise made available on them. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. In no event shall we be liable for any losses arising from use of services provided by third parties to which links are provided from the Site.
13.10 Neither party shall have any liability to the other for any:
13.10.1 consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or Service interruptions);
13.10.2 economic and/or other similar losses; and/ or
13.10.3 special damages and indirect losses.
13.11 Each party shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
13.12 You must inform us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or any information on the Site and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
13.13 If you fail to stop the act or acts complained of, we may suspend the Service available to you. If we do so, we will not restore it until we receive an appropriate assurance from you that there will be no further contravention of the terms of these Terms.
13.14 Our aggregate liability to you under and/or arising under these Terms in respect of any and all claims shall not exceed £100,000.
13.15 Nothing in these Terms shall exclude or limit liability for death or personal injury due to either party’s negligence or fraudulent misrepresentation.
13.16 We shall have no liability to you for any delay in performance of the Service and/or any other matters to the extent that such events and/ or matters are due to any event outside our reasonable control, including but not limited to an act of God, war, flood, fire, labour dispute, strike, lock-out, riot, civil commotion, malicious damage, explosion, governmental action or any other similar events.
14.1 You agree to indemnify and keep us indemnified against any and all reasonable losses, proceedings, lost profits, damages, awards, expenses and costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/ or relating to your use of the Service, as a result of any Default by you, including any Content you upload to the Site and activity which you engage in as a result of your use of the Site.
15.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms (i.e. no third party shall have any right to enforce these Terms), save that any assignee of the rights and obligations set out in these Terms may do so. We may assign these Terms to any third party without your consent.
15.2 No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
15.3 These Terms constitute the entire agreement between you and us in respect of your use of the Site and the Service. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
15.5 These Terms shall be governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
© Silverfriend Ltd. All rights reserved.
Last updated June 2018