Terms and Conditions
Last amended on 13th July 2011
These terms and conditions govern your use of www.muddymatches.co.uk (or such other URL that We may use to provide the Service from time to time, including but not limited to www.muddymatches.com, www.muddymatches.ie, fwi.muddymatches.co.uk and hctv.muddymatches.co.uk).
Please read these terms and conditions and ensure that You have understood them. If You do not agree to these terms and conditions, please cease use of the Website immediately. In addition, when using particular Muddy Matches Limited services or other items provided by Muddy Matches Limited, You will be subject to any Posted guidelines or rules applicable to such services which may be posted on the Website from time to time. All such guidelines or rules are hereby incorporated by reference into these terms and conditions.
The following words have the following meanings in these terms and conditions:
The agreement between You and Us incorporating these terms and conditions for the provision of the Services;
Without limit any content, software, data, text, photographs, graphics, sound, video, messages, advice, statements or other material Posted by Members on Our Website;
A social event organised by Us and booked by You through Our Website;
Intellectual Property Rights
All patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
The liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
Any person whose membership has been accepted by Us to use the Services;
Display, exhibit, publish, distribute, transmit and/or disclose Content on or in connection with the Services and the words "Posted" and "Posting" shall be constructed accordingly;
The price to become a Subscriber or attend an Event and any variations as shown on the Website from time to time;
The section of the Services containing details, photographs and/or other Content about Members;
The services provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website, Post Content on the Website and attend Events;
A Member who has paid the Price to become a Subscriber;
Any person who browses the Website, but is not a Member;
We, Us, Our
Muddy Matches Limited, registered office Manor Close, Podington, Wellingborough, Northamptonshire, NN29 7HP, company number 5822840;
Our website at URL www.muddymatches.co.uk (or such other URL that We may use to provide the Service from time to time);
You, Your, Yourself
Refers to any Subscriber, Member or User.
2.1 By applying to become a Member or to attend an Event, You warrant and represent to Us that:
2.1.1 You are at least 18 years old;
2.1.2 You have the right, authority and capacity to enter into and be bound by this Agreement;
2.1.3 You have not been made subject to a Sex Offender Preventative Order or have/have had a restraining order made against you by the courts of any jurisdiction;
2.1.4 You have not been convicted of any offence relating to violence or sexual harassment and/or any offence under the Protection from Harassment Act 1997 or the Sexual Offences Act 2003 (or under any statutory enactment replacing and/or amending such Acts); and/or
2.1.5 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 or the Sexual Offences Act 2003 (or under any statutory enactment replacing and/or amending such Acts).
2.2 If You are not able or not willing to give the warranties and representations set out in clause 2.1 above then You must not apply to become a Member or attend an Event.
3. Terms of Agreement
3.1 If You are applying to become a Member or are attending an Event, You agree to be bound by this Agreement.
3.2 If You are a User, Your use of the Website constitutes Your agreement to be bound by this Agreement insofar as it is relevant to Your use of the Website.
3.3 This Agreement (as amended by Us from time to time) shall apply to the exclusion of any other terms or conditions and You agree to abide by it.
3.4 The Website is provided for the personal use of individuals only and You may not use the Website in connection with any commercial venture. If You are an organisation, a company and/or a business You may not register with the Website or use it for any purpose.
3.5 You may become a Member for free, however you will only be able to access certain functions of the Website, including communication with other Users, if You are a Subscriber. For the avoidance of doubt, You are responsible for providing and paying for the means of accessing the Website.
3.6 On payment of the relevant Price, You hereby agree and consent to the immediate commencement of the performance of the Services by Us such that, on payment of the relevant Fee, You can immediately access certain functions of the Website, including communication with other Members.
3.7 Upon completion and submission of the online registration form on the Website, You shall be sent an e-mail confirming Your registration with Us and providing You with Your Member ID and password.
3.8 Unless stated otherwise, any new features that alters or enhances the Services, including the release of new services, shall be subject to this Agreement. We may add, delete or change some or all of the services provided as part of the Services at any time.
3.9 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Services unless confirmed by Us in writing.
3.10 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with this Agreement.
3.11 We reserve the right to monitor and at Our option to remove for any reason any Content Posted by You.
3.12 We shall have the right at Our option to refuse to grant applications for membership at any time.
3.13 The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership from Us by e-mail.
4. Price And Payment
4.1 The Price and any variations thereof shall be shown on the Website's How the Site Works page.
4.2 The Price is inclusive of VAT.
4.3 You shall pay the Price to Us under this Agreement by the means of payment specified on the Website.
4.4 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
4.5 Unless otherwise stated in this Agreement, all monies paid by You to Us are non-refundable.
4.6 You will not be able to contact other Members or read and reply to other Members' messages until payment of the Price is deemed to have been made.
5. Use of The Services
5.1 We provide the Services on or via the Website aimed at establishing contacts between You and other Members.
5.2 You are solely responsible for any Content that You publish or display on the Website or that You transmit to other Members.
5.3 We will use our reasonable endeavours to control the Content Posted on the Website but do not guarantee the accuracy, integrity or quality of the Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable.
5.4 You should not assume that the Content contained in any Profile is necessarily correct and accurate. We do not have an opportunity to check that the Profiles are correct and not misleading. We do not make any representation or warranty that the Content contained in any Profile is accurate and We are not under any obligation to verify any Content contained in any Profile. Before acting on any Content contained in any Profile or on any Content received by You through Your use of the Services, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Content. A person may not be who he or she claims to be. If You arrange any meetings with any person through Your use of the Services then You do so at Your own risk. You should take reasonable precautions to ensure Your safety. Similarly, if You meet with any person through the Services, including at an Event, You do so at Your own risk.
5.5 You must comply with Our reasonable instructions concerning use of the Services.
5.6 You must notify Us in writing immediately if You become aware of any inappropriate behaviour in connection with the Services.
5.7 You acknowledge that We may establish general practices and limits concerning use of the Services, including without limitation:
5.7.1 the maximum number of days that email messages, notice board postings or other uploaded Content will be retained by the Services
5.7.2 the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Our servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Services in a given period of time.
5.8 You must not provide any false information in respect of Your name, age, marital status or location to Us. In the event that We have reason to suspect that You have provided such false information, We reserve the right to request proof of the suspected false information. If You fail to provide such proof requested by Us within 7 days, We reserve the right to terminate Your use of the Website.
5.9 We make no guarantees or warranties that, through Your use of the Services, any e-mails or messages sent by You to other Members are opened or read by those Members.
6. Member's Obligations
6.1 You will not:
6.1.1 misuse in any way the Services or any Content Posted on the Services or use the Content on the Website other than for the purposes contemplated in this Agreement;
6.1.2 attempt to gain unauthorised access to any Content available on or via the Services or to any of the networks used in providing the Services;
6.1.3 collect, store, or distribute personal data about other Members without their consent;
6.1.4 send 'mass mailings';
6.1.5 promote another site, service and/or business in any way in either Your Profile or in personal correspondence with other Members;
6.1.6 solicit other Members' businesses, advertising, products and/or services in either Your Profile or in personal correspondence with other Members;
6.1.7 interfere with or disrupt the Services or servers or networks connected to the Services, infringe any requirements, procedures, policies or regulations of networks connected to the Services, or interfering with another Member's use and enjoyment of the Services, including but not limited to (a) transmitting any material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (b) attempting to gain unauthorised access to the Services, Member's accounts on the Services, or private mailing lists on the Services through password mining or any other means;
6.1.8 in any way assign, transfer, part with and/or authorise any other person to use Your membership;
6.1.9 create more than one account;
6.1.10 create accounts on behalf of other people;
6.1.11 impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
6.1.12 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
6.1.13 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
6.1.14 promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;or
6.1.15 Post and/or reproduce in any way any Content in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights.
6.2 You will not Post any Content which:
6.2.1 contains telephone numbers, street addresses, last names, URLs or email addresses without first becoming a Subscriber;
6.2.2 breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights (including but not limited to Intellectual Property Rights and/or privacy rights);
6.2.3 expresses or implies that such Content is endorsed by Us;
6.2.4 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2.5 harasses or advocates harassment of another person;
6.2.6 displays pornographic or sexually explicit material of any kind;
6.2.7 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
6.2.8 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.2.9 promotes any illegal activities;
6.2.10 promotes illegal or unauthorised copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
6.2.11 provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
6.2.12 contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
6.2.13 solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
6.2.14 promotes information that You know to be false or misleading;
6.2.15 engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent;
6.2.16 is knowingly defamatory, disparaging of or derogatory to any other Member.
6.3 In the event that We, in Our sole discretion, consider that any Content violates the terms of this Agreement or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Members, We reserve the right to take any action that We deem necessary, including, but not limited to, deleting such Content, restricting the number of emails that you can send to other Members or terminating your use of the Website in accordance with clause 16.
7.1 The Member ID and password allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Services including any activities by anyone using Your Member ID and/or password.
7.2 You should protect against unauthorised access to Your computer. Ensure that You sign off when You finish using a shared computer.
7.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of Your Member ID or password and in such cases You should immediately amend Your password using the Services.
8. Your Profile
8.1 You acknowledge that other Users and Members will be able to view Your Profile.
8.2 We may copy and/or reproduce any Content Posted by You on the Website in any form and in any manner We wish.
8.3 If You Post and/or disclose to other Members any confidential or sensitive Content about Yourself then You do so entirely at Your own risk.
8.4 You warrant and represent to Us that all Content Posted by You:
8.4.1 is accurate, true, complete and is not misleading; and
8.4.2 will be regularly updated by You so that it remains accurate, true, complete and not misleading.
8.5 We reserve the right to monitor and at Our option to remove or amend for any reason any Content Posted by You.
9. Personal Data
10. Functioning of The Services
10.1 The Services are provided in their current form and We do not guarantee or warrant that the Services, or any element of the Services will meet Your requirements, purpose and/or expectations.
10.2 We do not guarantee or warrant that any of the Content provided in or via the Services is accurate or reliable. You rely on it at Your own risk.
10.3 Due to the nature of the internet, We do not provide any warranty or guarantee in respect of the results, availability, and/or uninterrupted use of the Services but We will use Our reasonable endeavours to rectify serious faults as soon as reasonably practicable.
10.4 We reserve the right to make changes to the Services provided that they do not have a material adverse effect on the quality of the Services.
10.5 We reserve the right to suspend the Services without notice for repair, maintenance or other technical reasons.
10.6 You are responsible for making all arrangement necessary for You to have access to the Website including but not limited to access to the internet and ensuring that all software and hardware used by You to access the Services remains compatible with the Website.
11.1 We reserve the right at Our sole and absolute discretion and for whatever reason to:
11.1.1 accept or reject Your application for registration to an Event; and/or
11.1.2 refuse Your attendance at any Event;
11.1.3 eject You from an Event.
11.2 On purchase of a ticket to an Event through the Website, You will receive an e-mail from Us acknowledging that we have received Your payment and your place on the Event.
11.3 We shall use reasonable endeavours to ensure that Events are conducted on the date specified on Our Website, but We shall not be liable for any losses, liabilities, costs or expenses incurred by You should We change the date and/or time of the Event.
11.4 We reserve the right to invite media to attend Events.
11.5 We cannot verify the personal details of those participating in an Event. It is up to You to verify personal information to Your own satisfaction. Please approach any contact with participants at one of Our Events with the same caution You would undertake when meeting other people You do not know.
11.6 When booking an Event, You are required to supply a daytime telephone number or mobile phone number. If We are forced to cancel an Event due to circumstances beyond Our control, We will NOT take any responsibility for Members who arrive at the Event, and have supplied incorrect contact details.
11.7 Cancellation by You - You are asked to let us know as soon as possible if you are unable to attend an Event that you have booked. Subject to clause 16.5, If You decide to cancel Your booking, refunds will be provided in accordance with this clause 11.7:
11.7.1 Events that include accommodation: for Events that include accommodation, partial refunds can be made if you e-mail us at email@example.com a minimum of 70 days (10 weeks) before the Event is due to take place. The refund will be made less a £100 administration charge or 25 percent of the Price, whichever is greater. We cannot refund you if you notify us less than 70 full days before the Event is due to take place;
11.7.2 Events that do not include accommodation:
188.8.131.52 More than 28 days' notice: provided You let Us know a minimum of 28 full days before the day of the Event, You will be refunded 75 percent of the Price;
184.108.40.206 Between 14 and 28 days' notice: if You let Us know between 14 and 28 full days before the day of the Event, You will be refunded 50 percent of the Price;
220.127.116.11 Less than 14 days' notice: if You let Us know less than 14 full days before the day of the Event, We will not be able to offer You any refund.
11.8 Cancellation by Us - Cancellation may be necessary in exceptional circumstances and We reserve the right in Our absolute discretion to cancel an Event. If this occurs You will be offered a place on an alternative Event of comparable standard (if available) together with a refund of any price difference or a full and prompt refund of all monies You have paid. However, if cancellation of an Event occurs, We will not pay any compensation, nor be responsible for any costs or expenses incurred by You as a result, and We recommend that You ensure Your insurance policy covers You for such an eventuality.
11.9 Transferring a booking - Our booking transfer policy will depend on the type of Event You were booked on:
11.9.1 Events that include accommodation: if You are unable to attend an Event, in certain circumstances, We may allow, at Our sole discretion, You to transfer Your booking to another person, as long as they are a Member and are of the same sex and age range. However, the arrangements must remain exactly the same and will only be allowed if all suppliers (e.g. travel and accommodation providers) are prepared to accept the transfer. In cases where transfers are allowed, a transfer fee of £25 will be payable, plus any charges that may be levied by suppliers.
11.9.2 Events that do not include accommodation: in cases where a refund is not possible, or where only a partial refund is possible, You may opt instead to send a friend in Your place for no additional charge, as long as they are a Member and are of the same sex and age range.
11.10 Deposits - For certain Events and subject always to clause 16.5, We may accept a non-refundable deposit to secure a place, with the remaining balance of the Price due by a specified date. Should you not settle the balance of the Price, in full, by the specified date, then your ticket will be re-issued for general sale and the deposit forfeited.
11.11 You shall, prior to attending an Event that includes accommodation and overnight stays, ensure that You have adequate travel insurance in place for the duration of the Event, such insurance to include but not be limited to cover for hospital and repatriation costs in the event of Your death or suffering personal injury.
11.12 By booking an Event, You are registering Your acceptance of the terms and conditions in this Agreement. You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions.
12. Intellectual Property Rights and Confidentiality
12.1 As between You and Us, All Intellectual Property Rights in connection with the Services shall be owned by Us absolutely.
12.2 You warrant and represent to Us that the Content Posted in Your Profile is Posted by You and that You are the sole author of Your Profile.
12.3 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Content relating to the Services which may be disclosed to You or which You may learn, except where such Content is public knowledge or it is required to be disclosed by law.
12.4 You are expressly prohibited from:
12.4.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
12.4.2 removing, modifying, altering or using any intellectual property in connection with the Services and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Us without first obtaining the written permission of the owner of the intellectual property.
12.5 By publishing or displaying any Content on the Website, You automatically grant, and You represent and warrant that You have the right to grant to Us an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content.
13. Third Party Websites
13.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy Yourself that any goods or services referred to thereon are suitable for Your requirements. These are provided solely as a convenience to You and not as an endorsement by Us of the contents on such third party websites. As We have no control over such external sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or available from such external sites or resources.
13.2 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such external sites or resources. If You decide to access linked third party websites, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
13.3 You may link to the Services but You may not include the Services in part or in whole within another external website without Our prior written consent.
14. Limitations On Liability
14.1 You expressly understand and agree that:
14.1.1 Your use of the Service is at Your sole risk. The Services are provided on an "as is" and "as available" basis;
14.1.2 We are not responsible for any Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Services;
14.1.3 We make no warranty (i)that the Services will meet Your requirements, (ii)that the Services will be uninterrupted, timely, secure, or error-free, (iii)about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics and links (iv)that the quality of any products, services, information, or other material purchased or obtained by You through the Services will meet Your expectations, (v) that any errors in the software will be corrected, and (vi) that the Services may be downloaded outside the United Kingdom and the Republic of Ireland. Further, if Your use of the Website or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs;
14.1.4 any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material;
14.1.5 no advice or information, whether oral or written, obtained by You from Us or through or from the Services shall create any warranty not expressly stated in this Agreement;
14.1.6 much of the material on the Website is provided by third parties and We shall not be held responsible for any such third party material;
14.1.7 We cannot guarantee and do not promise any specific results from Your use of the Website;
14.2 We shall have no Liability to You:
14.2.1 if any monies owed by You to Us have not been paid in full by the due date for payment;
14.2.2 to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us;
14.2.3 arising out of Your use of the Services and/or Your reliance on any Content Posted by other Members;
14.2.4 arising out of any Member's and/or unauthorised User's misuse of Content Posted by You using the Services and/or to other Members;
14.2.5 for any:
18.104.22.168 indirect, incidental, special or consequential losses;
22.214.171.124 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or
126.96.36.199 damage to or loss of goodwill, reputation, data, use or other intangible losses (even if We have been advised of the possibility of such damages); or
14.2.6 for any delay in performance of this Services and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.
14.3 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
14.4 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
14.5 You shall produce to Us written evidence of any claims 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 the loss before We shall have any Liability for the claim by You.
14.6 In the event that You have a claim or right of action against any other User arising from that User's Use of the Website, You agree to pursue such claim or action independently of and without any demands from Us, and You release Us from all claims, Liability and damages arising from or in any way connected to such claim or action.
14.7 In the event that a claim or action is brought against Us arising from Your activities or Use of the Website, including any breach by You of this Agreement or any charges or complaints made by other parties against You, You agree to pay, hold harmless and defend Us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Us to assume the exclusive defence and control of the matter if We so wish.
14.8 Without prejudice to the foregoing, in no event will Our Liability arising out of or in respect of this Agreement exceed an amount equal to the lesser of (i) the Price paid by You in the preceding 12 months, where applicable, or (ii) an amount of two hundred pounds (£200.00).
14.9 Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
14.10 Nothing in this Agreement shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
14.11 This clause (and any other clause excluding or limiting Our Liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to Us.
15.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, 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:
15.1.1 Your use of any of the Services; or
15.1.2 any Content and/or other material Posted on or via the Services by You; or
15.1.3 any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.
16. Cancellation / Termination / Suspension
16.1 You may terminate your membership at any time, for any reason, effective upon:
16.1.1 receipt by Us of Your email notice of termination, sent to the email address detailed in clause 20; or
16.1.2 Your clicking on "Cancel my Membership" in the "My Account" section of the Website;
and in the event of such termination by You in accordance with this clause 16.1, no refund of the Price shall be payable by Us to You.
16.2 Upon giving You notice by email, We may at any time and without cause, terminate this Agreement with You, deny You access to the Website and delete Your Profile and any other Content You have submitted by Your Use of the Website on provision of reasonable notice. If so We will refund pro rata any fees already paid.
16.3 We may terminate the Agreement with You, deny You access to the Website and delete Your Profile and any other Content You have submitted by Your Use of the Website with immediate effect in the event that:
16.3.1 You fail to make any payment to Us when due;
16.3.2 You breach the terms of this Agreement;
16.3.3 You fail to provide Us within the time limit requested by Us with sufficient Content to enable Us to determine the accuracy and/or validity of any Content Posted by You; and/or
16.3.4 in Our reasonable opinion, any Content Posted by You is damaging or potentially damaging to Our business or Members or Users; then, without prejudice to any other remedies We may have, clause 16.4 below shall apply.
16.3.5 We receive two or more complaints from Members relating to Your use of the Services and for the avoidance of doubt, any prior investigation by Us into the validity of the complaints shall be conducted at our sole discretion but We have no obligation to conduct such investigations, nor provide You with the results of the investigation;
16.3.6 You have been previously, or are at any time during the term of this Agreement, made subject to any of the orders or convicted of any of the offences referred to in clause 2 above.
16.4 If any of the events set out in clause 16.3 above occurs in relation to You then You will not be entitled to any refund of monies paid and You shall not attempt to use the Services or rejoin as a Member. In addition, should We, in our sole discretion and upon further investigation, have any reason to believe that any complaints made in accordance with clause 16.3.5 are of a serious nature (which may include allegations of any offences described at clause 2 above), We reserve the right to submit our findings to the police.
16.5 If You become a Subscriber or pay to attend an Event then, on the condition that You have not made any use of the Subscriber only functions or the relevant Event has not yet taken place, You may cancel such subscription or attendance to an Event, and receive a refund of the relevant Price, by sending a request by email to firstname.lastname@example.org (for subscription) or email@example.com (for Events) within 7 days of the date on which the relevant Price was paid. Please note that where You, as a Subscriber, have made any use of the Subscriber only functions, or where You have booked an Event and the relevant Event has been held, You shall cease to have any right of cancellation. For the purpose of this clause, use of the Subscriber only functions shall include, but not be limited to, activating and/or accessing any Subscriber only functions and communicating with other Members.
16.6 This Agreement continues for so long as You are a Member. Even after termination of this Agreement, certain clauses will continue to apply including clauses 12, 14 and 15 and other clauses necessary to interpret or enforce this Agreement.
17.1 The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the Content provided on the Website.
17.2 We are not responsible for the conduct of Users or Members either online or offline. Please use caution and common sense when using the Website.
17.3 The Website may contain errors and, from time to time, may not be accessible by Users or Members. The Content provided on the Website by Us is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
17.4 We are not responsible for injuries arising out of the use of alcohol or drugs.
18. Law And Jurisdiction
18.1 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
19. Rights Of Third Parties
19.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.1 All notices given by You to Us must be given to Muddy Matches Limited at firstname.lastname@example.org or Muddy Matches Ltd, Manor Close, Podington, Nr Wellingborough, Northants NN29 7HP. We may give notice to You at the e-mail address You provide to Us when registering for Our Services. Notice will be deemed received and properly served immediately when posted on our Website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21. Changed Terms
21.1 We may alter or amend this Agreement by giving reasonable notice. By continuing to use the Services after expiry of the notice period, you will be deemed to have accepted any amendment to this Agreement. If, on receipt of such notice, you wish to terminate your Agreement with Us you may do so by giving Us not less than seven (7) day's notice, such termination to take effect on the date upon which the amended Agreement would otherwise have come into effect. For the avoidance of doubt, in the event that You decide to terminate Your agreement with Us in accordance with this clause 21, You shall be entitled to a refund of any unused portion of the Price, calculated pro rata, provided We receive such demand for a refund from You within 14 days of receiving Your notice to terminate.
22.1 Headings above are for guidance and not binding.
22.2 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
22.3 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
22.4 We may assign all or part of Our rights or duties under this Agreement; You may not do so without Our prior written consent.
22.5 Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You on the Services (in Your case) and by email to email@example.com (in Our case).