Terms & Conditions

Last Updated on 7th April 2011

Simply Searching Terms and Conditions "Terms and Conditions"

These Terms and Conditions cover the supply of the website at domain www.simplysearching.co.uk ("Website") and any other services by Simply Searching Limited, a company registered in England and Wales with company number 06691412 whose registered office is at 4 the Promenade, Peacehaven, East Sussex, BN10 8QF, United Kingdom (the "Company"). By completing your online sign-up process you agree to these terms and conditions and enter into a legally binding contract (the "Contract") for the use of this service.

The Website is only intended for use by people resident in the United Kingdom. We do not accept subscriptions from individuals outside the United Kingdom.

By subscribing through our Website, you warrant that:

You are legally capable of entering into binding contracts;
You are at least 18 years old; and
You are resident in the United Kingdom.

This Contract is governed by English law and you and the Company agree to submit to the jurisdiction of the English Courts.

A "Non-Member User" is a person who uses the areas of the Website available to Non-Member Users but who has not subscribed to become a Member.

A "Member" is a person who subscribes to the service to partake in events, activities and meet new people.

An "Activity Provider" is a registered group, organisation or company who's main activity is the organisation of group social events or activities in which Members can participate.

"You", "Yourself" means the person named as a Member or Non-Member User or the person named and signing in on behalf of an Activity Provider that confirms acceptance of these Terms and Conditions.

1. Eligibility

In order to use this service as a "Member" you must be aged eighteen or over.

Non-Member Users who are under the age of 18 must only use the public areas of the website at www.simplysearching.co.uk.

In order to use this service as an "Activity Provider" you must be a registered charity, sports centre, club, tour operator or other company licensed to organise such events.

By signing up to this Website and/or using it you agree to abide by these Terms and Conditions.

2. Registration and Subscription

Whilst Non-Member Users can sign-up to the service for free, in order to fully use the service and communicate with other Members you must pay the subscription fee. The fee will be as quoted on the Website from time to time on our Benefits page, except in cases of obvious error (See Benefits for our current rates of membership). Prices are stated in pounds sterling and include any applicable tax unless otherwise stated.

Your subscription order is subject to acceptance by us. The Contract for the subscription service will only be formed when we send you a subscription acceptance.

It is always possible, despite our best efforts, that pricing information on the Website may be incorrect. If the correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before accepting your subscription order, or reject your subscription and notify you of such rejection. We are under no obligation to provide the full subscription service to you at the incorrect (lower) price, even after we have sent you a subscription acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

Payment of your subscription fee is due with your order. Payment may be made by credit or debit card as indicated on the Website. Following the first month of your subscription, subscription fees are payable monthly. You agree to pay the monthly subscription fee and authorise the Company to levy such charges without further authorisation from you until you terminate your membership in accordance with condition 3.

Activity Providers are encouraged to use the service for free and this benefit will be maintained into the foreseeable future as an incentive to provide Events and Activities that Members can participate in.

Other offers and incentives will be provided to Members and Activity Providers such as bonus points for recommendation of sign-up for other members, loyalty bonus etc. This will allow the Member or Activity Provider to additional periods of free use, at our discretion. Please see our FAQs for details. (See FAQ for our current bonus schemes)

We reserve the right to provide and revoke offers and incentives as well as increase or decrease the subscription fee and to charge Activity Providers a fee in the future.

Reasonable notice will be given of any change to these Terms and Conditions, pricing or offers.

If, as a Member or Activity Provider, you are unhappy with a price change or any other change to these Terms and Conditions you can terminate your membership at any time by contact us through the website and requesting termination.

3. Term and Termination

This Contract will remain in effect while you continue to be a Member or to use this service.
If you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000, resident within the European Union, you may cancel your subscription order by giving us written notice within 7 working days of placing your order. Within 30 days of your notice, we will provide a refund. However this right of cancellation does not apply once you have started to use the Member-only areas of the Website.
You may cancel your membership at any time and for any reason by contacting us through the website. Provided such cancellation is done no less than [14] days prior to the next monthly payment becoming due, no further monthly payments will be debited from your card. Due to the small monthly fee paid and our administration costs no refund will be provided under any circumstances.
We reserve the right to cancel your membership and revoke access to this service or, if you are a Non-Member, terminate your use of the Website with immediate effect if we believe you have breached this agreement by giving you notice.
We can terminate this contract at any time by giving reasonable advance written notice.

4. User Content

‘Content’ is the generic term for text, words, messages, profiles, videos, pictures, photos, sound or any other information which as a Member or Activity Provider you add, create or upload to this service.

"Post", "Posts","Posted", "Posting" is the term for the posting, addition, creation or uploading of information to this service.

The Company will determine, in its discretion, whether any Content breaches the Content standards set out in this condition.

You grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use (including for publicity), copy, perform, alter, adapt, translate, display, distribute, prepare derivative works of, incorporate into other works, sub-licence or assign your Content on or via the Website or otherwise and on any distribution media including electronic media, including email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual communications media (including press, radio, analogue television, digital television, cable or satellite). You waive your moral rights in relation to your Content. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Activity Providers or Members may post their trade marks within their Content and hereby grant the Company a non-exclusive, worldwide, irrevocable, royalty free, sub-licensable licence of their rights in such trade marks for the purpose of operating the Website which shall terminate when the Activity Provider or the Member removes all Content containing their trade marks from the Website. For the avoidance of doubt, if Activity Providers or Members subsequently post their trade marks on the Website after termination of this licence, a new licence on the same terms as set out in this condition 4(b) shall be granted.
You are responsible for ensuring that any Content that you post within the system, either in your profile or in a message to any other Member or Activity Provider is accurate and not offensive, illegal, defamatory, rude or threaten the safety of any other Member or any employee, officer, agent or sub-contractor of an Activity Provider or any other person.
Any attempt to collect information, such as usernames, personal information or Content from any of our Members and Non-Member Users will be investigated and legal action taken as appropriate.
Any attempt to send unsolicited emails or messages regarding the sale or provision of goods or services not in keeping with the aims of this service will be investigation and legal action taken as appropriate.
We reserve the right to review, modify and delete any Content which we believe violates this agreement or may be offensive to other Members or threaten their safety.
By posting Content to the service, you acknowledge that it can be viewed by all other Members or Activity Providers of the service, including the administrators of the system.
You indemnify us for any breach of the Content standards set out in this condition 4 and condition 5.

5. Your Use of this Service

This is a partial list of Content or activity that will not be tolerated and will lead to membership termination and/or legal action as appropriate: Offensive comments, racism, bigotry, hatred, harassment or advocating harassment of any other person, unsolicited mass mails, the supply of misleading or false information or personal information relating to a third person without their permission, threatening behaviour, obscene language, defamatory remarks, libellous comments, unauthorised reproduction of copyrighted work, obscene, pornographic or sexually explicit material, exploitation of anyone under the age of 18, cruelty to human or animal, illegal activities, terrorism, violation of privacy, abusive threatening of another member, supply of information that may threaten the safety of any other member, Content promoting physical harm of any kind against any group or individual, containing restricted, hidden or password only access material, soliciting passwords or personal information from anyone under 18 or for commercial or unlawful purposes, infringing any copyright, database right or trade mark of any other person or commercial activities involved in the sale, supply or acquisition of information.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You must not include in your member profile (or transmit to any other Member, Non-Member User or Activity Provider) any personal contact information, such as telephone numbers, street addresses, names, URLs or email addresses that can identify an individual Member or Non-Member User. If you transmit your own personal contact information to any other Member, Non-Member User, or Activity Provider, you do so at your own risk – we recommend that you follow the guidance on our Safety Page and that parents follow the guidance on our Information for Parents page.
Members and Activity Providers may post Content regarding events but must not include any other advertising or marketing regarding the sale or supply of products and services and must not send unsolicited marketing communications by electronic or other means to Members or other Activity Providers regarding the sale or supply of products and services.
You must treat any user identification code, password or any other piece of information provided to you by us as part of our security procedures as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them

6. Complaints

If you wish to complain about any Content posted to the Website or if you have cause for concern about another Member’s or an Activity Provider’s actions, please contact us at the above address or via our online complaints form. (Please use Contact Us to make a complaint). We will review the Content and decide whether it complies with our Content standards as set out in conditions 4(c), 5(a) and 5(c). We will deal with any Content which, in our opinion, violates our Content standards as set out in conditions 4(c), 5(a) and 5(c). We will investigate concerns about other Members or Activity Providers and will take any action we deem appropriate as set out in these Terms and Conditions for any breach of these Terms and Conditions. We are not obliged to inform you of the outcome of our review.

7. Member Disputes

You are solely responsible for your interactions with our other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

8. Our Responsibilities

We endeavour to operate and maintain this service with reasonable care and attention to ensure that it is operating at a reasonable speed and that it is available for you to use at all times.
Access to most parts of our Website is restricted to Members and access by Activity Providers will be restricted to certain areas of the Website unless they subscribe as a Member.
We cannot guarantee that the service is available at all times of the day throughout the year due to operational requirements such as upgrade, repair or maintenance.
We reserve the right to alter functionality of the system in the interests of improving the service for our Members.
We cannot be held liable for any breach of this Contract due to any event or action that is beyond our reasonable control.
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

9. Copyright and Trade Marks

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and Members, Non-Member Users and Activity Providers which are corporations, partnerships or unincorporated organizations accessing the Website in the course of their business may draw the attention of others within their organisation to material posted on the Website. 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. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

"Simply Searching", "Something for everyone", "Simply4Teenz", "Simply4Kidz", "Interesting Places to Visit", "The Collaborative Project", "Bringing People Together" and the Simply Searching logo are unregistered trade marks of the Company and, subject to the other provisions of these Terms and Conditions, you may not use these without the Company's prior written permission.

10. Disclaimers

This service is provided to you to communicate with other Members or Activity Providers in whichever capacity you seek to do this. We merely provide the mechanism to allow communication and we can not be held responsible for any outcome or result of that communication.
You are responsible for your own safety and parents and guardians are responsible for their children's safety and we cannot be held responsible for any outcome or result in which you or anyone else has encountered harm, negative publicity or any other action or reaction. We recommend you abide by the guidance contained in our Safety Page and that parents follow the guidance in our "Information for Parents" page.
All Content is the opinion or statement of individual Members or Activity Providers and we cannot be held responsible (by any Member, Non-Member User, Activity Provider, any other Website user or by anyone who may be informed of its contents) for this Content.

11. Limitation of Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and

Nothing in these Terms and Conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We cannot be held liable in any way for the failure of service for any network or equipment that we are not directly responsible for.
We expressly exclude our liability for any loss or damage arising from the use of the Website by any person in contravention of these Terms and Conditions.
We have no control over and do not guarantee the quality, levels of safety at or legality of any events posted on the Website, the accuracy of the details given about any events, the ability of the Activity Providers or any Members to organise events, or that an Activity Provider or Member will actually hold the event posted. We cannot be held liable for any loss or damage arising from your attendance at an event or any act or omission of any Activity Provider or Member in relation to such events.

12. Modifications to this Agreement

We reserve the right to modify our terms and conditions by giving reasonable advance notice. You may terminate this Contract at any time by cancelling your membership by contacting us through this website. Your continued use of the system following this notification is taken as acceptance of the alterations.

13. Member Claims

In the event of claim or action against another Member or Activity Provider, you will agree to pursue such a claim or action independently and agree to exclude us from any claim, liability or damages that you may seek.

In the event that a claim or action is brought against us arising from your actions by using this service, you agree to defend us against any claim and pay all reasonable costs.

14. Privacy

We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

15. Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content standards set out in these Terms and Conditions at conditions 4(c), 5(a) and 5(c).

If you wish to make any use of material on the Website other than that set out above, please use the "I have an enquiry"? option of our online Contact Us form.

16. Links from the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18. Notices

All notices given by you to us must be given to the Company by post at the address above or via our online Contact Us form. We may give notice to you at either the e-mail or postal address you provide to us when you register or subscribe, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

19. General

We may assign all or part of our rights or duties under this Contract; you may not do without our prior written consent.

Any failure by us to exercise or enforce any right or provision of this Contract does not constitute a waiver of it.

If any part of this Contract is deemed invalid, illegal or unenforceable for any reason, the remainder shall continue in full force.

We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.

A person who is not a party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in these Terms and Conditions.