GiveMeAShot.co.uk Website Terms and Conditions

Welcome to www.givemeashot.co.uk (“Website”). Any access to or use of this Website is governed by the terms and conditions of use set out below (“Terms and Conditions”) and our Privacy Policy. Access to or use of this Website implies your agreement and acceptance of these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions or our Privacy Policy, please do not proceed any further and leave this Website immediately.
This Website is a directory website for people with a common interest in socialising and meeting new people, posting or finding information for entertainment purposes and is operated by the organisation trading as GiveMeAShot.co.uk whose principal place of business is situated at 3 Walnut Tree Cottages, Yalding, Kent ME18 6HX, and which can be contacted at info@givemeashot.co.uk. GiveMeAShot provides information and Reviews on venues in London, Kent, Essex, Surrey and Hertfordshire.
1. DEFINITIONS
1.1“Account” means the account created on registration on this Website by a User. The User is able to manage passwords and details relating to the Account.
1.2“Business” means “GiveMeAShot”, “we”, “our” or “ours”, “its”.
1.3“Chat Room” means the facility available to the User to discuss and interact with other Users.
1.4“Content” means all text, articles, advertisements, scripts, personal or professional information, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, videos, and interactive features contained on this Website.
1.5“Forum” means the discussion forum available to the User to enter User-wide discussions and debates.
1.6 “Intellectual Property Rights” or “IPRs” mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, and registered designs including the right to register any such rights.
1.7 “Media” means any and all multi media channels, videos, photographs, animations, sound and music contained on this Website.
1.8“Membership” means registration by visitors to the Website to become Users upon payment of the Membership Fee.
1.9“Membership Fee” means the sum quoted for Membership on the Website from time to time
1.10“Moderators” mean Christine Ford and Tracey Hatch of GiveMeAShot.
1.11“Privacy Policy” means the privacy policy with URL Privacy Policy.
1.12“Quarter”, “Quarterly” means a period of three (3) months.
1.13“Reviews” means reviews of bars, venues and events provided on the Website for the User from time to time
1.14“Services” means the Services set out in Clause 3 below or as provided on the Website from time to time.
1.15“User” or “you”, “your”, means a user that has registered to gain Membership of this Website in accordance with Clause 4 below in order to have access to this Website via a computer or mobile device to use the Services.
1.16Where the context admits the singular shall include the plural and vice versa, and words imputing one gender shall include the other gender.
2. YOUR ACCEPTANCE
2.1These Terms and Conditions are the legally binding terms and conditions on the User in order to gain access to this Website. The User using this Website will be bound by the following:
2.1.1The Terms and Conditions found at http://www.givemeashot.co.uk/; and
2.1.2The Privacy Policy found at Privacy Policy and incorporated into these Terms and Conditions by reference.
2.2The User will be required to accept these Terms and Conditions before the registration process is completed, thereby forming a valid contract with GiveMeAShot.
2.3Only Users that are permitted under the laws of the jurisdiction in which they access the Website shall be permitted to accept these Terms & Conditions and continue using this Website.
2.4GiveMeAShot reserves the right to amend or revise these Terms and Conditions or the Privacy Policy at any time at GiveMeAShot’s sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Website. The last amendment date will be displayed at the end of the Terms and Conditions or Privacy Policy. Access to and/or use of this Website after the Terms and Conditions or Privacy Policy have been updated, constitutes their acceptance as updated.
2.5The User must be over the age of 18 and the User affirms that he/she is over 18 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the User accesses this Website). Users must at all times be honest about their age when registering. If it is proved that the User has given false information in order to gain access to this Website that User will be barred for life from registering and gaining Membership of this Website, and no refund of any current or past Membership Fee will be given to the User.
3. USE OF WEBSITE
3.1The Services provided on the Website are as follows (or as altered by GiveMeAShot from time to time):
3.1.1Directory section comprising a database of stylish bars where singles can meet. In this section the User is able to search for bars and venues based on certain search parameters in London, Kent, Essex, Surrey and Hertfordshire.
3.1.2Calendar section providing diary dates for upcoming events that may be of interest to Users. In this section the User is able to search for forthcoming events in London, Kent, Essex, Surrey and Hertfordshire.
3.1.3Chat Room section. In this section the Member may find friends and search for other Users to interact and socialise with.
3.1.4Forum section. In this section the User can enter User-wide discussions and debates;
3.1.5Updates Facility. The User will automatically receive e-mail updates from GiveMeAShot informing the User of up-coming events and new bars and/or venues in London, Kent, Essex, Surrey and Hertfordshire.
3.2This Website contains a registration process in order for the User to gain access to the Website by obtaining Membership.
3.3All prices are displayed in GBP.
3.4Payment is accepted by credit card or debit card or via Paypal. Paypal accepts payment using the following cards: VISA, VISA ELECTRON, SWITCH, MEASTRO, SOLO, MASTERCARD and AMERICAN EXPRESS. Paypal also accepts payments by direct debit. GiveMeAShot does not at any material time have access to the User’s card payment details.
3.5Once the User has paid the Membership Fee, this will allow the User to use the Website and its Services for a Quarter. The rights granted by payment of the Membership Fee are as provided in Clause 4 below.
3.6The User will be required to pay the Membership Fee on a Quarterly basis and Users who fail to pay the Membership Fee will be denied access to the User sections of the Website.
3.7For the avoidance of doubt, no legal relationship shall exist between the User and GiveMeAShot unless the User pays the Membership Fee and the User’s Membership is up to date.
3.8For the avoidance of doubt, unless otherwise expressly stated, GiveMeAShot will only provide information and Reviews on the Website for bars and venues in London, Kent, Essex, Surrey and Hertfordshire. GiveMeAShot may at its sole discretion provide information or Reviews on venues and/or bars that are not located in these areas.
4. USER’S USE OF THE WEBSITE
4.1When you are asked to register on this Website to become a User, you will be required to enter your first name, last name, date of birth, gender, address and e-mail address and a password. Once your registration has been successfully completed you will be sent a welcome e-mail.
4.2The User will have to log onto the Website in order to access or use the Website and once the User has logged onto the Website, the User may use the Services as provided in Clause 3.1 above.
4.3You warrant, represent and undertake that the information provided on registration is true and accurate to the best of your knowledge
4.4By using this Website, you grant consent, in accordance with the Data Protection Act 1998, to allow the employees of GiveMeAShot or organisations required by GiveMeAShot access to your personal records where required, and in accordance with our Privacy Policy.
4.5GiveMeAShot will restrict the use of vulgar, inappropriate and offensive names as part of the registration process and in using any of the Services.
5. GENERAL POINTS FOR MEMBERSHIP AND MEMBERSHIP FEE
5.1In the event that the User becomes aware of any unauthorised access to the User’s Account, the User must notify GiveMeAShot immediately by sending an e-mail to: info@givemeashot.co.uk.
5.2The User will be solely accountable to GiveMeAShot for all activities taking place in connection with the User’s Account.
5.3The User will not be entitled to use another User’s Account under any circumstances.
5.4In the event that the User breaches any of these Terms and Conditions or the terms of the Privacy Policy Membership of this Website will be revoked immediately and no refund of any current or past Membership Fee will be given to the User.
5.5GiveMeAShot will not be liable to the User for any loss incurred by the User as a result of unauthorised use of the User’s Account. The User may be liable to GiveMeAShot for any loss incurred by GiveMeAShot due to such unauthorised use by the User.
6. GIVEMEASHOT OBLIGATIONS
6.1GiveMeAShot is responsible for facilitating the Services on the Website with care and professionalism.
6.2Any changes to these Terms and Conditions shall be communicated to the User in accordance with Clause 2.4 above.
6.3GiveMeAShot shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any back up material.
6.4For the avoidance of doubt, GiveMeAShot gives no warranties as to the Services or the suitability of the Services for a particular purpose. GiveMeAShot shall not be liable in anyway whatsoever in the event that the User does not deem the Services to be beneficial.
6.5GiveMeAShot gives no warranties as to the accuracy of any venue descriptions, ratings, opening and closing times or otherwise and accepts no liability for any loss suffered or purported to be suffered by the User as a result of a description of a venue or bar.
7. GENERAL USE OF THE WEBSITE PERMISSIONS AND RESTRICTIONS
7.1GiveMeAShot grants the User access and permission to use this Website provided that:
7.1.1The User acts responsibly in using this Website and treat other Users with respect;
7.1.2The User does not alter or modify any part of this Website, including any related technologies;
7.1.3The User does not access aspects of the Website through any unauthorised means or technology; and
7.1.4The User does not exploit this Website by advertising any commercial activity, without the prior written authorisation of GiveMeAShot. Commercial activity of Users includes, but is not limited to:
7.1.4.1Sale or access to this Website or its Services on another website;
7.1.4.2Sale of advertisements on ANY website targeted to the Users of this Website;
7.1.4.3Advertisement of any business when using the Services not authorised by GiveMeAShot; and
7.1.4.4Such other activities that GiveMeAShot may specify from time to time.
7.2The User must not impersonate another person’s identity or misrepresent the User’s own identity or affiliation including using another’s personal details, password, account name, email or other such information held as part of the User’s Membership.
7.3The User must not reproduce any copyright protected material owned by a third party on the Website in using the Services.
7.4The Chat Room and Forum shall be moderated by the Moderators from time to time to ensure that the content of communications between Users is acceptable and does not breach the terms of these Terms and Conditions.
8. USE OF CONTENT ON THE SITE
8.1In addition to the Terms and Conditions of this Website, the following restrictions and conditions apply directly to the User viewing, using Content and/or using the Services on this Website respectively:
8.1.1GiveMeAShot owns all Content on this Website including the text, software, scripts, graphics, photos, except Content arising purely out of or in connection with use of the Services by the User; and
8.1.2The User will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website whatsoever without the prior written consent of GiveMeAShot, except where the Website is configured to enable a download, whereupon the User may download one copy of any such Content that is available for download to a single computer for personal usage. GiveMeAShot is not responsible for the websites to which GiveMeAShot is linked and does not assume any affiliation with any other websites unless otherwise stated
9. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
9.1This Website and any and all IPRs are owned by GiveMeAShot save in respect of any IPRs belonging to any venue owner, licensor, advertisers, partners, investors, sponsors of this Website.
9.2The venue owners grant GiveMeAShot the right to display, broadcast, use and to reproduce any intellectual property belonging to them from time to time contained on this Website.
10. PROHIBITED MATERIAL
10.1Prohibited material includes but is not limited to communication by the User which:
10.1.1Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
10.1.2Harasses or advocates harassment of another individual(s);
10.1.3Exploits people in a sexual or violent manner;
10.1.4Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
10.1.5Solicits confidential or personal information from anyone under 18;
10.1.6Poses or creates a privacy or security risk to any person;
10.1.7Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
10.1.8Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging or “spamming”;
10.1.9Involves the use of GiveMeAShot’s domain name as a pseudonymous return email address for any communications which you transmit from another location or through another person compromises any right of a third party such as copyright infringement, patent, trademarks, and other proprietary rights, or distributing another’s personal information without their personal permission, or for publicity;
10.1.10Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10.1.11Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating someone's privacy, or providing or creating computer viruses;
10.1.12Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
10.1.13Involves commercial activities and/or sales without prior written consent from GiveMeAShot.
10.2GiveMeAShot is under no obligation to any User and therefore may refuse to remove any User’s Membership of this Website by virtue of a complaint against that User.
11. LIMITATION OF LIABILITY
11.1Nothing in these terms and conditions shall exclude or in any way limit GiveMeAShot's liability for fraud, or for death or personal injury caused directly by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this:
11.1.1GiveMeAShot’s maximum aggregate liability under or in connection with the Users under these Terms and Conditions, whether in contract, tort or otherwise, will in no circumstances exceed the Membership Fee for the current or last Quarterly Membership paid by the User under these Terms and Conditions;
11.1.2GiveMeAShot will under no circumstances whatsoever be liable to the User under these Terms and Conditions as the User is using the Services on this Website at the User’s own risk;
11.1.3GiveMeAShot will not be liable to the User under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
11.2Under no circumstances shall GiveMeAShot, its officers, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
12. COMPLAINTS PROCEDURES
12.1If the User believes that someone is using the Website in a manner which violates the Terms and Conditions or the Privacy Policy, the User must promptly notify GiveMeAShot by email at the following address: info@givemeashot.co.uk. In order for GiveMeAShot to respond effectively, please provide GiveMeAShot with as much detail as possible.
12.2We reserve the right, but have no obligation to cancel any User’s Membership except where we are obligated under the law and reserve the right to cancel any User’s Membership, whenever, and for whatsoever reason.
13. INDEMNIFICATION
13.1The User agrees to indemnify and keep GiveMeAShot indemnified against any and all losses or liabilities incurred directly by GiveMeAShot of any kind suffered as a result of their misuse of this Website and/or any breach or non-observance of these Terms and Conditions by the User or the terms of the Privacy Policy.
14. DATA PROTECTION AND CONFIDENTIALITY
14.1GiveMeAShot has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.
14.2All personal data collected by GiveMeAShot about the User is strictly confidential and will not be shared with any third party except as required by law, and GiveMeAShot will only use personal data collected about the User in accordance with the Data Protection Act 1998 and as detailed in the Privacy Policy.
14.3The User’s data used by GiveMeAShot will be stored in a database in accordance with the provisions of the Data Protection Act 1998.
14.4The User’s data may be used to inform the User of any offers or news from GiveMeAShot or from other carefully selected third parties. In the event that the User does not wish their data to be used in this manner, User may opt-out in accordance with the terms of the Privacy Policy.
15. LINKS TO THIRD PARTY WEBSITES
15.1This Website provides links to other third party sites on the Internet from time to time. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of GiveMeAShot, and by continuing to use this Website the User acknowledges and agrees that GiveMeAShot is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by GiveMeAShot or any association with their operators.
15.2By using a third party website, the User expressly relieves GiveMeAShot of any and all liabilities arising out of or in connection with such use.
15.3The User acknowledges and agrees that GiveMeAShot is not responsible for the availability of any third party sites. Furthermore, GiveMeAShot does not endorse any advertising, products or other information available from any third party sites.
15.4The User acknowledges and agrees that GiveMeAShot is not liable for any loss or damage which may be incurred by the User as a result of the availability of any third party sites, or as a result of any reliance placed by the User on the completeness or accuracy of any advertising, products or other information available from any third party sites.
16. SITE AVAILABILITY
16.1GiveMeAShot will endeavour to have this Website running efficiently and accessible at all times. However, the User will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.
16.2GiveMeAShot will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
16.3Neither GiveMeAShot nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of GiveMeAShot, such as system malfunction or failures of third parties. In these circumstances, GiveMeAShot will use its reasonable endeavours to restore the service as soon as reasonably practicable.
17. TERMINATION
17.1These Terms and Conditions will apply until terminated by either the User or GiveMeAShot in accordance with Clauses 17.2 or 17.3 below.
17.2In the event that User wishes to terminate the agreement with GiveMeAShot (generated by accepting these Terms and Conditions), the User may do so at any time by notifying GiveMeAShot and closing the User’s Account. The User’s notice should be sent via e-mail to info@givemeashot.co.uk. There will be no refund of current or past Membership Fees upon termination.
17.3GiveMeAShot may terminate the agreement with the User immediately if:
17.3.1The User breaches any provisions of these Terms and Conditions or the terms of the Privacy Policy;
17.3.2GiveMeAShot is required to do so by law;
17.3.3GiveMeAShot elects to terminate access to this Website to User’s situated in the country in which the Users are resident or from which the Users may wish to access this Website;
17.3.4The User makes any unlawful or offensive comments or comments containing any libellous statements whilst using the Services;
17.3.5The User is found to be manipulating this Website by doing any of the following (but not limited to): hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;
17.3.6The User attempts to harvest personal information located on this Website;
17.3.7The User uses the Website for non-agreed commercial purposes; or
17.3.8THE USER EXHIBITS ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE.
17.4For the avoidance of doubt, termination in accordance with Clause 17.3.1 by GiveMeAShot may result in legal action being brought against the User.
17.5Upon termination, all of the legal rights, obligations and liabilities that the User and GiveMeAShot have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clauses 9, 11, 12, 13 and 14 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
18. WEBSITE DISCLAIMER
18.1GIVEMEASHOT MAKES NO REPRESENTATIONS THAT INFORMATION AND/OR REVIEWS ON THIS WEBSITE ARE APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. GIVEMEASHOT USERS OF THIS WEBSITE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE DOMESTIC LAWS.
18.2GIVEMEASHOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO GIVEMEASHOT USERS “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION AND/OR REVIEWS ON THIS WEBSITE.
18.3GIVEMEASHOT SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN BY THIRD PARTIES ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE GIVEMEASHOT USER AGREES TO INDEMNIFY GIVEMEASHOT IN ACCORDANCE WITH CLAUSE 13 IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST GIVEMEASHOT ARISING IN ACCORDANCE WITH THIS CLAUSE.
19. ENTIRE AGREEMENT AND SEVARABILITY
19.1These Terms and Conditions, including the Privacy Policy from time to time constitute the entire understanding between the parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the parties relating to it.
19.2If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User breaches these Terms and Conditions and GiveMeAShot takes no action against the User, GiveMeAShot will not be considered to have waived its rights in relation to the alleged or actual breach according to these Terms and Conditions.
20. FORCE MAJEURE
20.1GiveMeAShot shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
20.1.1Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
20.1.2War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
20.1.3Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
21. NOTICES
21.1Any notice to be served under these Terms and Conditions shall be in writing and served upon the other party at its address (in the case of GiveMeAShot as set out above, and in the case of the User as provided during registration) either by hand, by first class pre-paid post or email and shall be deemed served 48 hours after posting if sent by post, or immediately if delivered by hand or email.
22. JURISDICTION AND CHOICE OF LAW
22.1These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts. The parties accept that nothing in this clause shall prevent GiveMeAShot from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.
Date of latest amendment: 16 June 2010.