1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.5 "Supplier" means FindNetworkingEvents.com of 6 Wemyss Place, Peebles, Peebleshire, EH45 8JT that owns and operates www.findnetworkingevents.com ;
1.6 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means www.findnetworkingevents.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described on the Registration section on the public site and Subscription Payments page in the events admin section.
4.1 The price of the Premium Profile Service shall be that stipulated on the Website. The price is £39.99 per annum (or £12.99 for 3 months) except where promotional discounts or a trial free period is offered.
4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer
4.4 Payment of the price plus VAT, if applicable, must be made in full before commencement of the Services. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3% per annum above the base rate of The Royal Bank of Scotland from time to time in force.
5.1 The Supplier shall begin to perform the Services within 48 hours.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.3 The Services are subject to an initial contract period of 1 year for an annual subscription or 3 Months for a quarterly subscription (the initial period) and may be renewed thereafter on an annual or quarterly basis (the renewal period) unless and until terminated in accordance with clauses 5.4 and 5.5. Subsequent subscription renewals are subject to prior full payment of the annual or quarterly subscription fee as stipulated in clause 4.4.
5.4 Subject to clause 5.3, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice as follows:-
(a) If the Supplier terminates this agreement, other than in accordance with clause 5.5, any payment already made by the Buyer for Services which the Buyer will not receive because of the Supplier's termination will be refunded within 30 days of the date of the Supplier's termination
(b) If the Buyer terminates this agreement by giving 30 days written notice before the end of the initial period or before the end of any renewal period then any payment due for the Services during that current initial or renewal period remains payable but no further payment is due in respect of those services
(c) if the Buyer terminates this agreement other than as in 5.4(c) before the end of the initial period or before the end of any renewal period any payment due remains payable and, if already paid, will be non-refundable.
5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
5.6 The Supplier reserves the right to remove events entered by the Buyer where the events are deemed unsuitable or inappropriate for the website or where they contain offensive material or content which may be harmful to the working of the website.
5.7 It is the responsibility of the Buyer to ensure that their event details are accurate and not in any way misleading.
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
14.1 We take every care and precaution to ensure that information published on the Website is accurate when posted and regularly updated, but neither do we guarantee its accuracy. You are advised to verify the accuracy of any information before acting upon it. We may change the information at any time without notice.
14.2 We publish the Website "as is" without any warranty of any kind, express or implied, as to the operation of our Website, the accuracy of the information or the products or services referred to on the Website (in so far as such warranties may be excluded under any relevant law). We shall not be liable for any losses or damage that may result from use of the Website as a consequence of any inaccuracies in, or any omissions from, the information, which it may contain.
14.3 Certain links on this Website lead to other Websites that will have separate privacy and data collection practices. We have no responsibility or liability for those third party policies.
15.1 All copyrights in this website are strictly reserved to FindNetworkingEvents.com.
15.2 All copyrights in this website including illustrations, pictures, sound, scripts, animation and other material appearing on this website, otherwise known as "content" belong to FindNetworkingEvents.com or third parties authorising FindNetworkingEvents.com to use the copyrights.
15.3 In accessing the FindNetworkingEvents.com Website, you agree that you will use the contents for your own private use. You may not make alterations, copy, store in any medium (including other websites), distribute, transmit any part of the website without the prior written permissions of FindNetworkingEvents.com in accordance with the Copyright, Designs and Patents Act 1988.
These Terms and Conditions shall be governed by and construed in accordance with the Law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.