Terms of Use
1. Introduction
These terms of use govern your use of our website; by using our website, you accept
these terms of use in full. If you disagree with these terms of use or any part
of these terms of use, you must not use our website.
For the purpose of these terms of use the following definitions will apply: `Website’
is our website at www.myauntyji.com. `Member’ is a registered user of our service,
whether paid or unpaid. `Service’ is the service we provide to Users, which is to
provide a platform for online introductions. `User Content’ is material (including
without limitation text, images, audio material, video material and audio-visual
material) that you submit to our website, for whatever purpose. `User’ and `You’
refers to any person who uses our Service and agrees to the Terms of Use. `Us’ is
www.myauntyji.com.
2. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights
in the website and material on the website. Subject to the licence below, all these
intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website
for your own personal use, subject to the restrictions set out below and elsewhere
in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for
a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and
expressly made available for redistribution (such as our newsletter).
3. Acceptable use
Unless you are a member to our website, you must not access or attempt to access
any area on the website that is restricted to members.
You must not use our website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the website; or in
any way which is unlawful, illegal, fraudulent or harmful, or in connection with
any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer
software.
You must not conduct any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data harvesting) on
or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express
written consent.
4. User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to
use, reproduce, adapt, publish, translate and distribute your user content in any
existing or future media. You also grant to us the right to sub-license these rights,
and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's
legal rights, and must not be capable of giving rise to legal action whether against
you or us or a third party (in each case under any applicable law).
It is the users responsibility to decide which information you want to publish.
We cannot we held liable for any misuse thereof by any other users or third parties.
We allow users to report to us any inappropriate behaviour or user content and you
acknowledge that such notifications take place and that we may take steps outlined
in these terms of use in respect of such information which is brought to our attention.
We reserve the right not to accept, edit, delete or suspend any part of the user
content for any reason.
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design
right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection
legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in a explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may
be acted upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;
(p) constitute spam;
(q) be offensive, sexually suggestive, stalking, deceptive, xenophobic, threatening,
abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally
accepted standards of etiquette and behaviour on the internet.
You agree to update your user content to ensure that it does not become false or
misleading and not to pass on or disclose other users details to any third parties,
such as email addresses, names, phone numbers or any other personal information
that you may have been given.
You must not use our website to link to any other site or web page consisting of
or containing material that would, were it posted on our website, breach the provisions
of these terms of use.
You must not submit any user content to the website that is or has ever been the
subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or
stored on our servers, or hosted or published upon our website.
5. Limited warranties
We warrant to members that the membership service will be provided with reasonable
care and skill, that we will use reasonable endeavours to maintain the availability
of the website (subject to scheduled maintenance) during the term of a membership.
We do not guarantee that our service will be uninterrupted or error free or that
all website features will work without problems all the time. We will work to rectify
any errors as soon as we are aware of them and as quickly as possible.
We reserve the right to suspend our service and any time and without notice for
carry out repairs, website maintenance, improvements or for any other technical
reasons.
Whilst we endeavour to ensure that the information on this website is correct, we
do not warrant its completeness or accuracy.
To the maximum extent permitted by applicable law, and subject to the warranty to
members in Section 27, we exclude all representations, warranties and conditions
relating to this website and the use of this website (including, without limitation,
any warranties implied by law of satisfactory quality, fitness for purpose and/or
the use of reasonable care and skill).
6. Limitations of liability
Nothing in these terms of use (or elsewhere on our website) will exclude or limit
our liability for fraud, for death or personal injury caused by our negligence,
or for any other liability which cannot be excluded or limited under applicable
law.
Subject to this, our liability to you in relation to the use of our website or under
or in connection with these terms of use, whether in contract, tort (including negligence)
or otherwise, will be limited as follows:
(a) to the extent that the website and the information and parts of service on the
website are provided free-of-charge, we will not be liable for any loss or damage
of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings,
contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events
beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will
be limited to £500
You accept that we have an interest in limiting the personal liability of our officers
and employees. Having regard to that interest, you accept that we are a limited
liability entity and agree that you will not bring any claim personally against
individual officers or employees in respect of any losses you suffer in connection
with the website or these terms of use. This will not, of course, limit or exclude
the liability of the company itself for the acts and omissions of our officers and
employees.
You agreed to the publication of comments, reviews and/or feedback relating to you,
by others, on our website. You acknowledge that such comments, reviews and/or feedback
may be critical or defamatory; and you agree that you will not hold us liable in
respect of any such comments, reviews and/or feedback, irrespective of whether we
are aware or ought to have been aware of such comments, reviews and/or feedback.
7. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses,
damages, costs, liabilities and expenses (including without limitation legal expenses
and any amounts paid by us to a third party in settlement of a claim or dispute
on the advice of our legal advisers) incurred or suffered by us arising out of any
breach by you of any provision of these terms of use, or arising out of any claim
that you have breached any provision of these terms of use.
8. Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these
terms of use in any way, or if we reasonably suspect that you have breached these
terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your ISP and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or prohibition
or blocking (including without limitation creating and/or using a different account).
In addition to our rights and remedies above, if a member breaches these terms of
use in any way, or if we reasonably suspect that a member has breached these terms
of use in any way, we may cancel the member's membership. Where we cancel your membership
for this reason, or take any other action against you under this Section 8, we will
not refund to you the membership charge or any element of the membership charge
you have paid.
We may also cancel memberships on written notice without cause. Where we cancel
your membership on this basis, we will refund to you all membership charges paid
by you to us in respect of any period of membership after the date of effective
termination of the membership (which amount will be calculated by us using any reasonable
methodology).
9. Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties.
These links are not recommendations. We have no control over the contents of third
party websites, and we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
10. Trade marks
The trade marks MyAuntyJi.com, logos, graphics, images, photographs, animations,
videos, text and software used in the service belong to us. We give no permission
for the use of these trademarks, and such use may constitute an infringement of
our rights.
You must not link to our website or include it within any other website without
our consent.
The other registered and unregistered trademarks or service marks on our website
are the property of their respective owners. Unless stated otherwise, we do not
endorse and are not affiliated with any of the holders of any such rights and as
such we cannot grant any licence to exercise such rights.
11. Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply
to the use of our website from the date of the publication of the revised terms
of use on our website. Please check this page regularly to ensure you are familiar
with the current version.
12. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations
under these terms of use without notifying you or obtaining your consent – providing
that, where you are a member and a consumer, we will not transfer our rights and/or
obligations in any way which may serve to reduce the guarantees benefiting you under
these terms of use.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations
under these terms of use.
13. Severability
If a provision of these terms of use is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will continue
in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable
if part of it were deleted, that part will be deemed to be deleted, and the rest
of the provision will continue in effect.
14. Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit
any third party or be enforceable by any third party. The exercise of our and your
rights in relation to these terms of use is not subject to the consent of any third
party.
15. Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement
between you and us in relation to your use of our website, and supersede all previous
agreements in respect of your use of this website.
16. Law and jurisdiction
These terms of use will be governed by and construed in accordance with English
law, and any disputes relating to these terms of use will be subject to the exclusive
jurisdiction of the courts of England and Wales.
17. Becoming a member
Certain areas of the website are free but paid members have access to all areas
of the service. We reserve the right to restrict access to other areas of our website,
or indeed our whole website, at our discretion.
Membership is only open to individuals who are at least 18 years of age and are
acting in a non-commercial capacity. You are not eligible to become a member if
you have a criminal conviction for any offense, or subject to any court orders relating
to assault, violent behaviour, sexually related conduct or harassment.
You become a member once a valid payment has been authorised and received and
you have received an email from us confirming so.
We will not file a copy of these terms of use specifically in relation to each member
and, if we update these terms of use, the version to which you originally agreed
will no longer be available on our website. For this reason, we recommend that members
print and file a copy of these terms of use for future reference.
These terms of use are provided in the English language only.
18. Membership charges
The membership charges are available on our website and all membership charges stated
on the website are stated inclusive of VAT. We may vary membership charges from time to time by posting new charges on our website,
this maybe be done without notice. However, such variations will not affect memberships
that have already been paid for.
19. Termination
You may terminate your registration with us at any time whether you are a paid member
or not by sending the relevant request. We will complete your request as soon as
reasonably possible. A request for termination under this clause does not give rise
to any refund.
20. Our obligations and liability
We warrant to all members that the service we provide to you under these terms of
use will be provided with reasonable care and skill.
Subject to this and to the first paragraph of Section 6, you acknowledge that we
do not have the means to verify the identity of users that register with us or use
our service, to verify or monitor user content, (though we do reserve the right
to monitor if we think it appropriate). You should not assume that user content
is accurate as a person may not be who they claim to be. We cannot be held liable
for misleading or false statements by users. You must take appropriate steps to
investigate user content if you intend to act on it. If you arrange to meet another
user through the use of this service then you must take necessary precautions to
safeguard yourself. We do not take responsibility for any such meeting and they
are at your own risk.
We are not liable if your identity is used by someone else.
21. Cancellation right
You may cancel your membership at any time in writing within 7 working days of placing
your order providing that you have not accessed the restricted areas/features of
the website during that period. If you cancel a membership in accordance with this
provision, you will receive a full refund of the price paid. We will usually refund
any money received from you using the same method originally used by you to pay
for your purchase. We will process the refund due to you as soon as possible and,
in any case, within 30 days of the day we received your valid notice of cancellation.
This only applies if you are a consumer as defined in the Consumer Protection (Distance
Selling) Regulations 2000 and are a resident of the EU.
22. Our details
This website is owned by MyAuntyJi.Com LTD and registered in [England & Wales] under
registration number 6571052. Our registered address is: Suite LG01, Chancery House,
Chancery Lane, London, WC2A 1QU. You can contact us by email at: customercare@myauntyji.com.