1. Statement.
This Agreement is a legal document which sets out
your rights and obligations and also those of Forces
Reunited Ltd, a company registered in England with
registration no. 04381547, in relation to this site
and the Services offered by Forces Reunited.
By registering for the Forces Reunited Website,
you agree to the terms of this Agreement, and you
re-affirm the agreement every time you use it. Visitors
to the Forces Reunited Website who do not register,
similarly agree that they are bound by this Agreement
each time they access the Forces Reunited Website.
You should be aware that this Agreement may change
from time to time.
2 Membership.
People who register for the Forces Reunited Website
become "Members".
The 'Members' divides between those who decide to
pay our fee for a full annual membership (which
we call "Full Members"), and those who
do not ("Basic Members").
Surfers using the site without registering (or logging
in after registering) are referred to as 'Guests'.
Once you are logged in you are referred to as a
'Member'.
As well as being able to browse the Forces Reunited
Website like any visitor to it, 'Basic Members'
may:
- post their name and some other details on
their Website history, which appear on the Forces
Reunited Website;
- receive notification of messages, which will be sent
to the email address contained in Your Details
(which are provided during Registration and
may be updated subsequently), sent by Full Members
- opt to receive emails selected during the
Registration process (as added to, or de-selected,
subsequently), such as notification when a new
member has registered for your regiment or unit.
- upload photographs
- Gain small discounts off products and services
offered by Forces Reunited and associated partners.
In addition to the facilities available to Basic
Members, 'Full Members' may:
- send messages to both Full
and Basic Members
- post to any message boards or dynamically
natured entry forms, which may be available
on the Forces Reunited Website exclusively to
Full Members
- use the chatroom
- enter any reunion details for their regiments
or units.
- Gain larger discounts off products and services
offered by Forces Reunited and associated partners.
3 Full Membership.
If you decide to become a Full Member, and therefore
pay our Full Membership fee, you are agreeing
to take the Full Membership we make available
to you shortly after that fee is paid. Should you change your mind after paying for a 1 years Full Membership term we do not offer a refund as the service offered is immediately. If you subscribe to a longer term full membership and later decide you wish to alter the length of your membership, refunds will be made at the discretion of the management less an administration fee of £5.00 and bank card charges of 5%. If you make a mistake in paying for a longer term full membership, refunds will be issued at the discretion of the management less £5.00 administration fee and bank charges of 5%. Your
Full Membership will last for the period you choose on the form. If
you wish to continue with Full Membership after
the expiry of that period, we will
enable you to do so, at our then-current terms
and prices. But please note that we reserve the
right to change the amount of the fee for Full
Membership, the period which it covers, the Websites
which it enables you to obtain and other factors
from time to time. However, these changes, unless
they are changes under Clause 8 or Clause 9 below,
will not affect your then-current Full Membership.
In accordance with our normal terms of business all refunds over the amount of £15 are made by cheque, customers must ensure their details are correct on all correspondence.
The total payable membership fee also includes a 5% charge for the credit card or Paypal transaction charges and vat at the current rate. Advertised rates do not include vat, we split out the taxes for the benfit of our business clients.
Renewals of Full Membership will be taken automatically if you paid by credit card (unless you update your account to signify you do not wish this to happen), unless your current card fails and we will then send you an email informing you of such. There is an option to not have payment taken automatically from your profile after paying for your first years Full Membership. If you change your mind after your full membership has been automatically renewed and decide you do not wish to continue with full membership (which must happen within 30 days of the renewal) we will refund your monies less a £5.00 administration fee and bank charges of 5%.
3 Other Payments
From time to time we may offer other subscription services, goods or other items to be purchased whilst on the Forces Reunited site. If you subscribe to any of these services or purchase any of these goods and later decide you wish for a refund or to change the type of subscription or product, refunds will be made at the discretion of the management less an administration fee of £5.00 and bank charges of 5%.
4. Registration.
You undertake to register for the Forces Reunited
Website using accurate and current information
about yourself – including your correct name,
email address and any other requested details.
You also undertake only to add yourself to a regiment
on the Forces Reunited Website which you attended
at the relevant time. If you are asked for, and
provide, details of a credit, debit or charge
card; in that event, you must ensure that (a)
you are fully entitled to use that card, and (b)
it has available funds sufficient to cover the
charges which are deducted from it.
You also undertake to keep your email address and other details on the site updated to the correct information should any of your information change at any time.
5 Privacy Policy.
Forces Reunited’s Privacy Policy
forms part of this Agreement, and by agreeing
to this Agreement, you also give your consent
to the way we may handle your personal data in
that policy. Given the global nature of the World
Wide Web, any posting on the Forces Reunited Website
(including any which contain personal information)
is, of course, accessible to internet users around
the world.
6 Forces Reunited.
You, whether you are a Full Member or just a Basic
Member who visits the Forces Reunited Website,
acknowledge that we are not and cannot be responsible
for the behaviour of Members - whether on the
Forces Reunited Website or outside of it. We only
provide a venue where the Forces Reunited Website
may be accessed. In particular, you should be
aware that Forces Reunited does not pre-screen
or monitor the material contributed by Members.
7 Additional Websites.
Forces Reunited or its affiliates may offer new
or additional Websites through the Forces Reunited
Website from time to time. Your use of those Websites
may be subject to additional terms and conditions,
or rules of use, which you must comply with. Provided
that those terms or rules are notified to you
on the Forces Reunited Website in an appropriate
manner (as determined by Forces Reunited in its
reasonable discretion), any failure by you to
comply with a material provision of the terms
or rules governing those Websites will amount
to a breach of this Agreement.
8 Operation of Forces Reunited
Websites.
Forces Reunited reserves the right to withdraw
or modify one or more aspects of the Forces Reunited
Website where we have legal or technical reasons
to do so (including technical difficulties experienced
by Forces Reunited or on the Internet) or for any other reason. This includes the forum where we may modify or remove posts made where we have a legal, technical or moral reason to do so or for any other reason as we see fit.
There
may also be times when the Forces Reunited Website
becomes unavailable, whether on a scheduled or
unscheduled basis. For security or other reasons,
we may require you to change password or other
information which facilitates access to the Forces
Reunited Website.
9 Misuse of Forces Reunited Website.
Forces Reunited's misuse policy
forms part of this agreement. We reserve the right
(a) to suspend or terminate any Member’s access
to the Forces Reunited Website, or parts of it,
and/or (b) to edit, or require the Member to edit,
material posted on the Forces Reunited Website,
if the relevant Member or material appears to
us to be in breach of any provision of this Agreement.
Any person whose access has been suspended or
terminated must not re-register for, or re-access,
the Forces Reunited Website without our prior
consent. You are responsible for everything which
is done on or through the Forces Reunited Website
while your Membership account is logged on to
the Forces Reunited Website, or through your email
address(es).
10 Relevance.
The Forces Reunited Website is intended to be
used by its Members for the purposes referred
to in Clause 2 above. Accordingly, Members must
not:
- include an email address, postal address,
phone number, the address of any website, or
any other information which is intended to facilitate
direct communication, in material which is posted
on the Forces Reunited Website – Full Members,
and the recipients of their emails, can share
this information, should they wish, once direct
contact has been made;
- place material on, or otherwise use, the
Forces Reunited Website for any business or
commercial purpose; or
- use your access to the Forces Reunited Website,
or information gathered from it, for the sending
of unsolicited bulk email (sometimes known as
spam).
11 Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Forces Reunited Website.
(ii) Fees paid by a Full Member will not be rebated or refunded by Forces Reunited, unless the Forces Reunited Website for which the Full Member has subscribed is completely withdrawn from that Full Member (and no full member services have been used*) by us other than in circumstances permitted under this Agreement.
(iii) All fees and charges are subject to VAT at the current rate.
*Where immediately available services are granted no refunds will be considered on the membership's first period as full membership privileges would be provided whether used or not.
We may add new or ancillary Websites from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
Fees may be annually renewable and in which case we will take payment automatically. There will be an option to not have payment taken automatically in every site profile.
In the event of illegitimate chargeback, subscribers will be reported to all major credit reference agencies & bureaus as a delinquent collection account.
12 Prohibitions.
You are responsible for ensuring that no material
you post, or which is posted through a machine
on which you access the Forces Reunited Website,
nor any activity or communication you make in
connection with any Forces Reunited Website, will
be capable of (a) infringing the intellectual
property or other rights of any person or entity,
(b) breaching any applicable law, whether criminal,
tortious or otherwise, or (c) appearing to be
offensive, threatening, obscene, pornographic,
false, unreliable or misleading. Nor will you post any personal abuse aimed at a member in particular.
13 Alerting Us.
If you see anything on the Forces Reunited Website
which appears to infringe this Agreement, then
please contact us to inform us of it. We do not
generally monitor material contributed by Members
before it is placed on the Forces Reunited Website,
and so we are reliant upon users to point out
any which infringes this Agreement.
In addition if you see anything on the Forces
Reunited website or any associated sites that
you believe to be incorrect either posted by a
member or written by us, we will endeavour to
correct once we are informed of it's presence.
14 Withdrawal of material and Termination
of Membership.
Each Member acknowledges that we are entitled
to withdraw any material on the Forces Reunited
Website which appears whether based on information
received from Members or others, or our own determination
to be capable of breaching any part of this Agreement,
or to bring the Forces Reunited Website into disrepute.
However, each user acknowledges that we do not
monitor material which appears on the Forces Reunited
Website, and that we are reliant upon you and
all users to notify us of anything you see here
which appears likely to breach this Agreement,
using the notification techniques which are made
available on the Forces Reunited Website.
15 Disclaimer and Release.
Forces Reunited has no control over or responsibility
for the truth or accuracy of any material available
on the Forces Reunited Website, whether provided
by Members or others.
If any third party sites are linked to/from the
Forces Reunited Website, this does not mean that
we endorse or have any responsibility for the
site in question or anything which appears on
it.
- You should exercise no lesser degree of caution
in appraising what you see on the Forces Reunited
Website than you do offline.
- Even though Members are prohibited from doing
so, people may provide information, or otherwise
behave, in a way that is unreliable, misleading
or even illegal. Further, you should note that
people may not necessarily be who they say they
are.
- Your use of the Forces Reunited Website is
entirely at your own risk.
Accordingly, to the extent that the law permits,
you release Forces Reunited its directors, contractors
and employees from all liability arising out of
or in connection with the Forces Reunited Website
and the material included here by Members and
other third parties.
16 Intellectual Property.
You acknowledge that all copyright, trade marks,
and other intellectual property rights in and
relating to the Forces Reunited Website (including
the material which is contributed by Members)
are owned by Forces Reunited Ltd. It is easy to
copy material which appears on web-sites, but
this does not mean it is legal. Therefore, no-one
may copy, distribute, show in public or create
any derivative work from the Forces Reunited Website,
or any of the material which is found on the Forces
Reunited Website unless properly licensed to do
so by us.
By submitting any material to the content to
the Forces Reunited Website, you:
- are representing that you are fully entitled
to do so;
- grant us a non-exclusive, royalty-free, non-terminable
licence right to copy, modify, distribute, show
in public and create derivative works from that
material in any form, anywhere; and
- authorise us to adapt the relevant material
in the course of doing so, and so waive your
moral rights to object to any derogatory treatment,
or to be identified as the author, of the material
in question.
17 Excluded loss.
We will not be liable to you or any third party
for any indirect or consequential loss or damage,
or for any loss of data, profit, revenue or business,
howsoever caused (whether arising out of any negligence
or breach of this Agreement or otherwise). Forces
Reunited will also not be liable for any failure
to perform of its obligations under this Agreement
caused by matters beyond its reasonable control.
18 Maximum liability.
Without limiting the preceding Clause, during
any period of twelve months, the aggregate liability
of Forces Reunited under this Agreement (whether
arising in negligence or otherwise) will not under
any circumstances exceed the greater of (a) £5+VAT,
or (b) an amount equal to the sums paid by you
to us by way of Full Membership fees during the
relevant period of twelve months, regardless of
the cause or form of action.
19 Non-excluded Liabilities.
Nothing in this Agreement limits Forces Reunited's
liability for death or personal injury resulting
from our negligence, or any other liability which
may not by law be excluded. Any statutory rights
you may have as a consumer remain unaffected.
20 Indemnity.
You agree to indemnify us against all liabilities,
claims and expenses that may arise from any breach
of this Agreement by you or through a machine
on which you access the Forces Reunited Website.
21 Assignment.
We reserve the right to assign this Agreement,
and to assign or subcontract any or all of our
rights and obligations under this Agreement. You
may not without the written consent of Forces
Reunited assign or dispose of this Agreement.
22 Entire Agreement.
This Agreement includes our privacy
policy. Together they contain the whole of
the agreement between us and you concerning the
Forces Reunited Website and they replace all earlier
agreements and understandings with you, except
for any fraud or fraudulent representation by
either of us. A person who is not a party to this
Agreement has no right under the Contracts (Rights
of Third Parties) Act 1999 to rely upon or enforce
any term of this Agreement.
23 Changes to this Agreement.
Forces Reunited reserves the right to change
this Agreement from time to time, and post the
new version on the Forces Reunited Website. The
new version of these terms and conditions will
take effect, and will govern all Forces Reunited
Websites and your relationship with Forces Reunited:
- commencing four weeks after the date of posting
(or such later date as Forces Reunited indicates
in the relevant posting), if any of the changes
is to an operative provision of this Agreement
which is capable of adversely affecting you;
if you do not wish to be governed by the new
version of the Agreement, you may notify us
on or before the date when the new version of
the Agreement is to take effect, and from that
date you must cease to use the Forces Reunited
Website; or
- immediately upon the date of posting (or such
later date as Forces Reunited indicates in the
relevant posting), if the changes are not to
operative provisions, or not capable of adversely
affecting you - examples of which would include,
without limitation, changes to one or more of
Forces Reunited’s addresses or email addresses
referred to in this Agreement.
24 Severability
In the event that any term of this Agreement
is held to be invalid or unenforceable by judicial
decree or decision, the remainder of this Agreement
shall remain valid and enforceable.
25 Law.
This Agreement shall be governed by and construed
in accordance with the laws of England and Wales.
26 Contact.
You can contact us by post at Forces Reunited, PO Box 3645, Melksham, SN12 9AJ or via our support system at http://www.forcesreunited.org.uk/contactus.asp
27 Unregulated Link Advertising.
Forces Reunited works incredibly hard to ensure
that the information contained upon our web pages
is accurate, relevant and of the high quality
that our visitors have come to expect.
We are aware of software that exists which will
create external links from our content to what they
consider to be related material, which other companies
have paid to have shown. These links are in the
form of either bright green or bright yellow links
and some maybe in the form of highlights. We are
not responsible for the quality of this software
or the nature of the material that it links to.
Please contact us through our support system at http://www.forcesreunited.org.uk/contactus.asp in case
of being directed to objectional material.
We emphasise that we are strictly against this form
of unmoderated an unregaulated link advertising
and strictly prohibit its use within our site content.
We will pursue any infingement of this notice under
the maximum extent of UK law.
If you find you have any of this software on your
machine and would like to remove it we recommend
visiting http://www.lavasoft.de For further information,
please contact us through our support system at http://www.forcesreunited.org.uk/contactus.asp
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