Legal Mumbo Jumbo
thinking bob is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the thinking bob Web site and governs data collection and usage. By using the thinking bob website, you consent to the data practices described in this statement.
Collection of your Personal Information
thinking bob collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. thinking bob also collects anonymous demographic information, which is not unique to you, such as your post code, age, gender, preferences, interests and favourites. There is also information about your computer hardware and software that is automatically collected by thinking bob. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by thinking bob for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the thinking bob website. We do not store credit card details nor do we share customer details with any 3rd parties.
We use a company called BOLT to manage all card payments and bank transactions are processed by PayPal or Stripe. Your credit card details or financial information is never stored by thinking bob. None the less we have still become PCI compliant in order to ensure the customers maximum online safety and have passed a Trustwave website vulnerability scan. BOLT, PayPal and Stripe are required by law to operate under strict PCI compliance. Neither PayPal or Stripe have never had a hack or information leak in their entire history as a company*.
*Still correct and up to date as of 1st Jun 2017
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through thinking bob public message boards when this functionality is included into our website, this information may be collected and used by others. Note: thinking bob does not read any of your private online communications. thinking bob encourages you to review the privacy statements of Web sites you choose to link to from thinking bob so that you can understand how those Web sites collect, use and share your information. thinking bob is not responsible for the privacy statements or other content on Web sites outside of the thinking bob and thinking bob family of Web sites.
If you sign down to a social then you acknowledge that some of your personal data will be shared with the host (including but not necessarily limited to – email address, contact phone number and photo) in order for them to contact you about the social. In order to access this information the host must agree not to use this information in any way unrelated to the social without express permission from you.
Use of your Personal Information
thinking bob collects and uses your personal information to operate the thinking bob Web site and deliver the services you have requested. thinking bob also uses your personally identifiable information to inform you of other products or services available from thinking bob and its affiliates. thinking bob may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
thinking bob does not sell, rent or lease its customer lists to third parties. thinking bob may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, thinking bob may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to thinking bob, and they are required to maintain the confidentiality of your information.
thinking bob does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. thinking bob keeps track of the Web sites and pages our customers visit within thinking bob, in order to determine what thinking bob services are the most popular. This data is used to deliver customized content within thinking bob to customers whose behavior indicates that they are interested in a particular subject area.
thinking bob Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on thinking bob or the site; (b) protect and defend the rights or property of thinking bob; and, (c) act under exigent circumstances to protect the personal safety of users of thinking bob, or the public.
The thinking bob Web site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize thinking bob pages, or register with thinking bob site or services, a cookie helps thinking bob to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same thinking bob Web site, the information you previously provided can be retrieved, so you can easily use the thinking bob features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the thinking bob services or Web sites you visit.
Security of your Personal Information
thinking bob secures your personal information from unauthorized access, use or disclosure. thinking bob secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Most transactions are performed through PayPal using standard PayPal accounts. When transactions are paid for using PayPalPro on-line credit and debit card payment system or by phone using PayPal virtual terminal for credit card and debit card transactions, thinking bob does NOT and will not store any these credit card information.
Changes to this Statement
thinking bob will occasionally update this Statement of Privacy to reflect company and customer feedback. thinking bob encourages you to periodically review this Statement to be informed of how thinking bob is protecting your information.
thinking bob welcomes your comments regarding this Statement of Privacy. If you believe that thinking bob has not adhered to this Statement, please contact thinking bob Philip@thinkingbob.co.uk. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Terms and Conditions
thinking bob TERMS & CONDITIONS OF MEMBERSHIP AND BUSINESS
Registered Office: TB 3 LTD, 42 South Molton Street, London, United Kingdom, W1K 5RR
Company No. 10739142
Phone: 0207 458 4118
YOU MUST READ THESE TERMS CAREFULLY BEFORE MAKING ANY APPLICATION WITH THE COMPANY AND RETAIN A PAPER COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. BY APPLYING FOR MEMBERSHIP OR FOR PARTICIPATION IN AN EVENT OR ACTIVITY YOU AGREE TO THESE TERMS AND CONDITIONS.
All references to thinking bob or “The Company” refers to the above listed company, registered in England and Wales No. 10739142.
“Events” and “Socials” mean(s) any of the activities or events organised by the Company “Member” means any Member of thinking bob or any person or persons intending to or who have applied for Membership of thinking bob. No person under 21 years of age or over 65 years of age can become a member without express approval from the thinking bob team.
“Hosts” means a Standard Member who acts as a host and point of contact for Events. A Host is not a legal or authorised representative of the Company and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors or authorized managers of the Company can do so.
“Activities, Socials and events” organised by Members; and as such are not regulated by the Company but will have a Host (member Host) in attendance. When an Activity, Socials or event run by a host attracts more than 10 members the company will endeavor to find an additional member host to help.
“Site” means all websites listed below in clause 2.1 together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trade marks, database, member details and moral rights.
“Supplier” means any third party supplier or organiser of an Event. ”Terms” mean these terms and conditions and any subsequent amendments as may be notified to you.
“You” means any person who is a member prospective member or past member of thinking bob or where the context permits a guest of a member. Membership does not imply any interest as a shareholder
2: FORMATION OF THE CONTRACT
thinking bob reserves the right to change these Terms and Conditions at any time by posting changes online. It is your responsibility to refer to these terms and conditions on accessing this site. Continued use of the website after such changes to the Terms and Conditions constitutes acceptance of those posted changes.
2.1 These terms apply to all services and any goods supplied by the Company through the following domain and sub domain or other means:-
2.1.1 www.thinkingbob.co.uk, www.thinkingbobevents.com, www.thinkingevents.co.uk www.facebook.com/thinkingbob www.meetup.com/thinking-bob together with any other Company domains and subdomains listed on any of the Sites or any auto-forwarded domains and sub domains and any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to you to apply for membership with the Company or to take part in an Event. No contract exists between you and the Company until the Company or as the case may be the third party Supplier has received and accepted your application and sends you a confirmation of acceptance.
2.3 Except where the Event description says otherwise the Company is acting as a disclosed agent for Third Party Suppliers and the Events are under the control of those third parties subject to their terms and conditions. These Terms and Conditions will be available on the Site or the Company will tell you where they can be found. The Company has no responsibility for the manner of delivery of the Event. As Agent the Company does not have contractual liability to you for the event or for the negligence or breach of contract by the Supplier.
3 ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users.
3.3 We will determine, in our discretion, whether there has been a breach of these terms. Where a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use our site. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site. Issue of a warning to you. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. Further legal action against you. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.4 We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
3.6 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
4.3 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.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5. RELIANCE ON INFORMATION POSTED
5.1 Company hosted event information, commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by user or member of our site, or by anyone who may be informed of any of its contents.
5.2 You should not rely on any materials posted on our site for personal, medical, legal, financial or any other type of advice and we strongly recommend that you consult an appropriate qualified professional where necessary.
6 OUR SITE CHANGES REGULARLY
6.1 We aim to update our site regularly, and may change the content, including but not limited to the charges associated with the use of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7 MEMBERSHIP AND FEES
7.1 Membership subscriptions will be specified in the Company’s Application form on the Company’s Site and will be inclusive of VAT and may be annual, quarterly or monthly. All subscriptions and any other sums payable to the Company are payable in GB Pounds sterling and in your application for membership you agree that the Company may issue you with invoices in electronic format by e-mail should it wish to do so.
7.2 The Company uses a Continuous Service Agreement for our membership fees, meaning that the Company automatically renews your membership as it expires. All amounts are billed in UK sterling at the beginning of each renewal period. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected and at the subscription rate currently in place at the time of joining. Continuous service rates apply to credit/debit card and PayPal payments to both Members who join on-line or those the Company processes manually. To amend or cancel your subscription please see points 7.4 and 7.5 below. If you cancel your membership you will retain the benefits of membership until the end of that current membership period. The Company does not offer any kind of pro-rata refund of any portion of the subscription fees already paid except for points covered in 7.13. If a refund of any kind is offered it will be done at the discretion of the Company.
7.3 The Company may change its policy on subscriptions at any time and any change will be effective at the next renewal date after the expiry of 1 month following the date of posting the change on the Site.
7.4 The subscription is payable monthly, quarterly or annually in accordance with the sums set out on the Site.
7.5 You have the right to cancel membership at any time after your application for Membership is submitted via the Site. This is to allow total freedom to our members to upgrade/downgrade or cancel their membership subscription without any lock in or notice. This can be easily done via the website in account page -> settings and select ‘cancel membership’. Full instructions are given and your recurring payment will be immediately cancelled or updated accordingly. You can also request cancellation of your membership via the contact page, selecting the option “Cancelling / Deleting My Account”.
7.6 Without going to the site you can cancel your membership subscription at any time by emailing email@example.com with CANCEL SUBSCRIPTION in the subject line. Please include your full name and reason for leaving and we will aim to cancel your membership in a timely manner. If your request for termination is received 5 working days before your next payment is due then your subscription will only last until the end of the current period and then cease.
7.7 Any other method for requesting the cancellation your subscription not covered in points 7.5 and 7.6, including requesting verbally or in person, will not be accepted.
7.8 If you have booked onto an Event which is due to take place after your subscription ends, then you must cancel your place on the Event first unless you have received by e-mail authorisation to attend from the company.
7.9 The Company has the right in its absolute discretion to limit the number of members to refuse membership or renewal for any reason or to expel a member or prevent any member or guest from taking part in or continuing at any Event.
7.10 Membership is not transferable.
7.11 The management have the right to alter membership expiry dates, types and other information on the membership where appropriate. This will not be done without your prior knowledge and this right is given to the staff to help you with any problems.
7.12 It is the member’s own responsibility to cancel his or her own membership when they wish to leave the club. We do not offer refunds where the member has failed to follow the correct cancellation procedure, resulting in the membership remaining live and further subscription payments being collected.
7.13 You may be given a trial period of free membership. The free trial period of your membership lasts for one month and is intended to allow new members and certain previous members to try our service. You will be notified during sign-up whether you are eligible for a free trial. We will bill you for your chosen membership fee at the end of the free trial period unless you cancel your membership prior to the end of this period. You will not receive a notice from us that your paid membership has begun.
7.14 You are entitled to cancel your subscription at any point in the first 14 days. The 14 day period starts from when the service is provided. If a subscription fee has been paid then the refund amount will be equal to the pro-rata amount of the remaining membership. No event fees for events attended shall be refunded.
7.15 You are not entitled to a refund if you change your mind after we have provided you with access to your subscription subsequent to the 14 cancellation period. You may notify us of your intention to cancel at any time, but the cancellation will only take effect at the end of your current subscription period.
7a. Money back guarantee
7a.1 Based on the following statement provided in our ‘What to do after your first social‘ blog:
Our events are unique and varied – each offers something different and unique so it’s worth trying a few out to see what appeals to you. Did you know… that if you attend 3 Signature socials and decide the community isn’t a good fit for you, we’ll return your first 2 months subscription.
Offer only available to members within their first 2 months of subscription. Offer will commence on the date of first initial subscription, and end after 60 days(first 2 months). Subject to the discretion of the Community Manager.
8. EVENTS AND PAYMENT FOR EVENTS
8.1 By agreeing to register with or attend an Event organised by the Company you agree that you are over 21 years of age. The Company reserves the right to terminate your agreement with immediate effect should you be found to breach these conditions. Members are to only book onto Events for their own sole use, and cannot do so on behalf of others without permission from the Company. Members are also encouraged to log out fully on leaving the website to protect against others using the site from your computer.
8.2 Every effort is made to ensure that prices for Events shown on the Company’s site are accurate. If an application to take part has been accepted and an error is found the Company will inform you as soon as possible and offer you the option of reconfirming your application for the Event at the correct price or cancelling your application for that Event. If you cancel because of such error the Company will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of an exterior Supplier states otherwise.
8.3 Payment for any Event is normally made via PayPal on the company site. Where it is stated that payment may be made by bank transfer from your Bank Account or by payment by debit card or If payment is made on line or by credit card the Company shall reserve the right to apply a charge of 4% to cover the fees or commission charged to the Company. Payment shall be made in GB Pounds sterling. No payment for any Event shall be deemed to have been received until the Company has received cleared funds. If payments are made by cheque drawn on a UK branch of a UK bank 5 working days shall be allowed for clearance from the day the cheque is received by the Company or such longer period as shall be required by the Company’s bankers.
8.4 The Company shall not be responsible or liable in any way whatsoever for the cancellation of an Event other than as provided by this clause and clause4.4. Where cancellation arises and is the fault of the supplier of an Event the terms and conditions of that supplier shall apply. The Company will use reasonable endeavors to recover payment of the monies paid by the member for the Event but shall not be obliged to commence legal proceedings.
8.5 The Company gives no warranty that the external provider of an Event will accept your booking or application or that such provider will not cancel or vary the Event. If an Event requires a minimum number of participants and that number has not been accepted by the deadline date set out on the Site the Company or the Supplier may cancel the Event and liability shall be limited to the return of the sum paid by you.
8.6 Some variations to the published times or arrangements for an Event may be made by the company or Supplier. There may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used, or program or content. Some Events are dependent on weather or other factors outside the control of the Company or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier says otherwise.
8.7 Should you wish to cancel your participation in an Event after placing a booking you must notify the Company through available on-line functionality or by in writing by e-mail to firstname.lastname@example.org. Where a high value event with an external supplier has been bought and if you cancel more than 4 weeks in advance a full refund will be given, minus a cancellation fee and any monies committed on your behalf by that point. If you can find someone to take your place we will be happy just to change the name with no extra charge. Alternatively if the Event is fully subscribed and another member applies to participate in such Event and takes the cancelling member’s place the Company shall refund the price paid by the cancelling member but not otherwise. At minimum of two hours notice is required to cancel participation at most signature events held by the company. Specific cancellation times will be published on the website on each event so please check the event page for further details. Where the company has paid out a deposit, secured an exclusive area for an event or made arrangements that have cost the company money previous to the event taking place there may be no refund offered. Any refunds given under these circumstances will be at the company’s discretion. Refunds will be given in ‘credit’ unless otherwise stated.
8.7.1 Refunds cannot be given for any ‘credit’ held by the member on their account as this credit has no monetary value whatsoever. Credit may be used to alter the value of events signed up to only and cannot be used towards subscription payments. The company reserves the right to alter the value of this credit without notice. The company also reserves the right to alter the value of individual users credit without warning.
8.8 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible and careful manner. Members failing to behave correctly may be expelled, suspended or prevented from continuing with an event. Suppliers or other event organisers can refuse admission if in their opinion you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the event whether through drink, drugs or otherwise.
8.9 When participating in an Event which requires you to provide clothing, equipment, tools or appliances; you or your guest must supply what is required suitable for use and shall cause no damage nuisance or annoyance to any other member or third party. The Company shall not be responsible for the care maintenance or repair of such clothing equipment tools or appliances.
8.10 Some events may carry a “Late Cancellation Fee.” This will be taken at the time of cancellation or after the event should you not attend. This will be shown clearly on the cancellation policy for each event.
8.11 You must ensure that you are physically fit and capable of taking part in any Event for which you subscribe and in applying to take part in such Event you warrant to the Company that you are physically suited to take part in such Event and will remain so throughout the Event.
8.12 In applying to take part in an Event you acknowledge that the terms and conditions of the Supplier shall apply to the Event and it is your responsibility to familiarise yourself with the terms and conditions of the company or and the Supplier and the rules regulations and safety policy governing the Event. If relevant equipment is supplied by the company or and the Supplier the Company shall not be liable for defects in or shortages of such equipment or parts thereof. You will at all times use equipment (whether supplied by you or other members or the Supplier or the Company) in accordance with the guidance and advice given by the relevant equipment supplier or the Supplier or Company. You shall have no claim against the Company for any failure by the company or Supplier to supply adequate equipment instruction information or advice or to ensure that the Event is suitably organised managed or controlled.
8.13 Unless otherwise stated it is your responsibility to arrange travel to the Event and where applicable to comply with any passport, visa or inoculation requirements.
8.14 If tickets or vouchers are issued by the Supplier, it is the Supplier’s responsibility to dispatch them. If tickets or vouchers are required and you do not have them 5 days before the Event, email the Company and the Company will investigate. If the event is booked at a time when it would be impractical to dispatch tickets, arrangements will be made for them to be collected at the event. Most thinking bob events do not require tickets, nor will you receive an official receipt or confirmation. Once you have booked on the event you will be contacted by email again shortly before the event with final details.
8.15 The right to participate in an event is not transferable.
8.16 You must provide proof of membership at Events if requested to do so. Failure to do so may lead to inability to participate in an Event.
8.17 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
8.18 Participation in all Events is at your risk or is governed by the Company, Suppliers ‘Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the Event the Company shall have no liability to provide compensation.
In addition to points covered under Events above which will apply for Activities, the following shall also apply:
9.1 The Company shall bear no responsibility for events added and organised by Members, nor for payments made by You for them. Members booking on to events organised by other Members do so entirely at their own risk and discretion. See our Safety Advice.
9.2 Members who add events and portray false information or fail to organise the Event properly once other Members are booked onto it can be restricted from organising further Events, at the discretion of the Company.
10. CONTENT STANDARDS
10.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
10.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3 You agree that your contributions will: Be accurate (where they state facts). Be genuinely held (where they state opinions).Comply with applicable law in the UK and in any country from which they are posted.
10.4 You agree that your contributions will not: Contain any material which is defamatory of any person. Contain any material which is obscene, offensive, hateful or inflammatory. Promote sexually explicit material. Promote violence. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any copyright, database right or trade mark of any other person. Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal activity. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless our site specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of our site that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying our site. Violate any code of conduct or other guidelines which may be applicable to and for the company website. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
10.5 We are under no obligation to monitor the contributions, however, we reserve the right to review the contributions and to remove them.
10.6 We also reserve the right to terminate your access to any or all of our site at any time without notice for any reason whatsoever.
10.7 Always use caution when giving out information about yourself or your children in any contribution. We do not control or endorse the content, messages or information found in any contribution and, therefore we disclaim all liability with regard to the contribution and any actions resulting from your participation in any contribution.
10.8 Our hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
10.9 Contributions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
11 DELAYED DELIVERY; FORCE MAJEURE ETC
11.1 Delayed delivery or failure of the Company to comply with any obligation here under whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond the Company’s control will not involve liability on the part of the Company and the Company shall be entitled as its option to cancel the order or any part thereof or to postpone the Event
12.1 In view of the potentially dangerous nature of certain Events you are recommended to obtain your own personal accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Members shall have full responsibility for arranging their own suitable insurance should they choose these activities.
13.1 Members agree to post an accurate picture (avatar) of themselves on their profile page. Members agree within reason allow the Company to use any photographs or other images of them taken at Events or activities for promotional purposes and are aware that they may be taken by other members and posted on social networking sites or elsewhere over which the Company has not control. Where the photograph is on the Company website and is deemed offensive by You then upon being informed the Company will use its discretion to remove it or otherwise but is under no obligation to do so.
13.2 Any of Your Photos or information included in them that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as “Public Information” (your name and location (if provided)are considered Public Information); any other portion of Your Information shall be referred to as “Private Information.” “Publicly accessible” areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
13.2 Photographs or videos may be taken at events. By attending these events you consent to your voice, name, and/or likeness being used, without compensation, in films, tapes or photography for exploitation in any and all media, whether now known or hereafter devised, for eternity, and you release thinking bob, its successors, assigns and licensees from any liability whatsoever of any nature.
13.3 Photographs, videos or other media submitted to us may be used by thinking bob from time to time for promotions, advertising or any use that we consider appropriate. This will not include sensitive or otherwise personally identifiable information. You may request that this data is not used however unless done in advance we cannot guarantee it’s removal or the length of time the process of removing it will take.
14 DATA PROTECTION
14.1 The Company will take all reasonable precautions to keep the details of your applications and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with the company.
14.2 The Company shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message or incursion.
You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your breach of these Terms or arising from your negligence or breach of duty.
16. LIMITATION OF LIABILITY
16.1 Further to the provision of clause 9.1 Members are reminded that the Company has no control over Activities organised by Members and attendance at and transport to these Activities, nor control over those attending or the information supplied, and is not responsible for the acts or other actions by other Members or guests.
16.2 Nothing in these conditions excludes or limits the liability of the Company
16.2.1 for death or personal injury caused by the negligence of the Company its officers or employees
16.2.2 for any matter for which it would be illegal for the Company to exclude or attempt to exclude liability; or
16.2.3f or fraud or fraudulent misrepresentation.
16.3 Subject to clause 16.2.
16.3.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligation shall be limited to the membership fee or the price of the Event; and
16.3.2 the Company shall not be liable to You for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site, membership or an Event.
17. Non Competition and Non Solicitation.
Each member and host undertakes that he/she shall not during this Agreement or:
17.1 for a period of 12 months after their ceasing to be a member in the club (alone, jointly with or as host, manager or agent for any person) directly or indirectly carry on or be engaged in any business whose Business is alike to that of the Company within the region in which Company is located.
17.2 for a period of 12 months after his ceasing to be a member in the club on his own account or for any other person employ, solicit, interfere with or endeavour to entice away from the club or Company any person or business who is then or was in the club preceding such termination of membership or client of the Company.
18.1 The Company may amend these Terms at any time by giving You notice (“Notice”) by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Existing members will be bound by the amended Terms after the expiry of 30 days following the date of any Notice. It will be your responsibility to keep up-to date with all such changes and your continued membership shall be deemed acceptance of any changes to these terms and conditions.
18.2 Each right or remedy of the Company under the Terms is without prejudice to any other right or remedy of the Company whether under the Terms or not.
18.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
18.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
18.5 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
18.6 Neither the Company or you intend that any term of this Contract will been forcible by any person that is not a party to it other than someone to whom the Company transfers its rights under this Contract.
18.7 The Company may assign the benefit of any contract to any person, firm or company.
18.8 Whilst your account is on the system thinking bob may send you notifications via email. This is to do with activity that directly affects you – including but not limited to, messages received from other members, friend requests, social invitations and the like.
18.9 By registering on the site you agree to receive occasional newsletters from the company about services that may be of interest to you. You may un-subscribe from this at any point.