1. INTERPRETATION1.1. In these Terms and Conditions the following words shall have the following meanings unless the context requires otherwise:
a) "Agreement" means the agreement between the User and Euphoria incorporating these Terms and Conditions for the provision of the Service;
b) ”Applicant” means a person applying for Membership;
c) "Intellectual Property Rights" means all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trade marks and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
d) Euphoria means [COMPANY NAME][COMPANY ADDRESS]
e) "Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
f) "Member" means any person whose Membership has been accepted by Euphoria and whose Membership remains valid for the time being;
g) ”Membership” means the entitlement to the Services by virtue of being a Member;
h) "Other User" means any person who browses the Web Site;
i) "Posting" means displaying, exhibiting, publishing, distributing, transmitting or disclosing information, details or other material on the Service, and the phrases “Post” and “Posted” shall be constructed accordingly;
j) "Profile" means the section of the containing details, photographs and/or information about the User composed and Posted by the User;
k) "Service" means the service provided by Euphoria to the User including, but not limited to, Euphoria allowing the User to browse the Web Site, to contact and/or to be contacted by other Members through the Web Site and/or to Post information on the Web Site;
l) ”Terms and Conditions” means the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by Euphoria at its full discretion at any time and published accordingly on the Web Site.
m) "User" means the person whose application for membership of the Service is accepted by BeautifulPeople.
n) "Web Site" means the web site at URL www.euphoriauk.com (or any such other URL that Euphoria may use to provide the Service from at their discretion);
1.2. Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
2.1. By accepting these conditions the Applicant warrants and represents to Euphoria the following:
a) that the Applicant is over 18 years old;b) that the Applicant has not been convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/orc) that the Applicant has not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
2.2. If the Applicant is not able or not willing to give the warranties and representations set out in the above clause 2.1 above then the Applicant shall not apply for Membership.
2.3. The warranties and representations set out in the above clause 2.1 shall be continuing for the duration of any Membership. Accordingly, if the Member becomes convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); or becomes subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act), then the Member must immediately notify Euphoria and cease and desist from using the Services forthwith. The Membership shall be considered terminated immediately.
3. CONTRACT BASIS
3.1. This is a legally binding agreement between the User and Euphoria for the provision of the Service.
3.2. The Terms and Conditions of use shall govern the Agreement between the User and Euphoria to the exclusion of any other terms or conditions. The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by Euphoria from time to time at their full discretion.
3.3. The Terms and Conditions as amended by Euphoria from time to time supersede all other terms and conditions and shall replace any terms and conditions previously notified to the User.
3.4. Euphoria reserves the right to vary the Terms and Conditions at any time. If Euphoria in its full discretion decides to vary the Terms and Conditions, any such updated Terms and Conditions will be posted on the Web Site from time to time as applicable.
3.5. Euphoria employees, including sub-contractors and agents of Euphoria are not authorised to make any representations or warranties concerning the Service unless confirmed by Euphoria in writing.
3.6. The User acknowledges that he or she does not rely on any representation and/or any warranty that has not been made in accordance with these Terms and Conditions.
3.7. Euphoria reserves the right to monitor and at its sole discretion to remove for any reason any information, photographs or any other material Posted by the User, Members or Other Users.
3.8. Euphoria shall have the right to refuse to register applications for Membership and to terminate Memberships at any time.
3.9. The Agreement between the User and Euphoria shall come into effect on the acceptance by Euphoria of the application of the User for Membership. No application for Membership shall be deemed to be accepted by Euphoria until the User has received confirmation of the Membership from Euphoria by e-mail.
3.10. The User will not be able to contact other Members or read and reply to other Members' messages until Euphoria has approved their profile. 3.11. Euphoria reserves the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
4. PRICE AND PAYMENT
4.1. The price of the Service shall be as shown on the Web Site from time to time. Any increases in prices for the Service will be shown on the Web Site.
4.2. The prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
4.3. The User shall pay all sums due to Euphoria under this Agreement by the means of the payment specified on the Web Site and without any set-off, deduction, counterclaim or any other withholding of monies. Any applicable banking charges on such payments shall be borne by Euphoria.
4.4. Until Euphoria has received either cash or cleared funds in respect of the full amount outstanding, payment shall not be deemed to be made.
4.5. This Agreement may be terminated by either party at any time, for any reason by notice in writing. Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intentions. The User must complete the relevant form on the Web Site to terminate the Agreement.
4.6. All monies paid by the User to Euphoria are non-refundable. A cancellation or termination of this Agreement by the User or Euphoria at any time for any reason will not entitle the User to a refund of monies paid and if any claim for repayment is made by the User then Euphoria shall be entitled to treat any payment which has been made by the User as agreed liquidated damages in respect of such cancellation or termination
4.7 When paying for an event with Euphoria with a credit card you will be automatically re-billed to renew your membership on its expiration. To cancel this re-billing option you need to specify in 'my profile' then 'membership status' you need to push cancel auto renewal.
5. MEMBER'S OBLIGATIONS
5.1 The User undertakes not to:
a) Post personal contact details in the relevant User’s Profile, including but not limited to the Users telephone number, address, e-mail address or URL in the relevant User’s Profile nor will the User Post any other information which would allow Other Users or Members to contact the User directly;
b) transmit or Post information, pictures or any other material which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and privacy rights);
c) use the Service to promote another site, service or business in any way including but not limited to Posting any personal e-mail addresses, URL's or other personal telephone numbers in the respective User’s Profile;
d) solicit other Members' business, or to buy or sell products or services through the Service;
e) misuse in any way the Service or any information Posted on the Service;
f) attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
g) Post or reproduce in any way any information or material in which the Intellectual Property Rights belong to another party without the prior consent of the owner of such rights;
h) copy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;
i) Post any chain letters or junk e-mail to other Members;
j) in any way assign, transfer, part with or authorise any other person to use, the User’s Membership;
k) transmit, Post or email to any other Member any information, pictures or other material, which in the opinion of Euphoria is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous or obscene; and/or
l) transmit, Post or email to any other Member any information, pictures or other material, which in the reasonable opinion of Euphoria is capable of offending Other Users’ political or religious beliefs.
6.1. The User acknowledges that Other Users will be able to view the Profile.
6.2. Euphoria may copy or reproduce any information Posted by the User on the Web Site in any form and in any manner as Euphoria may think fit.
6.3. If the User decides to Post or discloses any confidential or sensitive information about the User to Other Users, then the User does so entirely at the User’s own risk.
6.4. The User will be able to view the details and profiles of other Members.
6.5. The User warrants and represents to Euphoria that all information Posted by the User:
a) is accurate, true, complete and is not misleading; andb) will be regularly updated by the User so that it remains accurate, true, complete and not misleading.
6.6. Euphoria reserves the right to review the Profile from time to time and to amend or delete the entire Profile or parts of it as Euphoria in its sole discretion think that it should be amended or deleted.
7.1. If:a) the User fails to make any payment to Euphoria when due; b) the User breaches the terms of this Agreement;c) the User persistently breaches the terms of this Agreement;d) the User fails upon request to provide Euphoria with sufficient information to enable Euphoria to determine the accuracy or validity of any information Posted by the User; and/ore) in Euphoria’s reasonable opinion any information Posted by the User is damaging or potentially damaging to the interests of Euphoria’s business, then Euphoria shall have the right, without prejudice to any other remedy, to exercise any or all of the rights set out in clause 7.2 below.
7.2. If any of the events set out in clause 7.1 above occurs in relation to The User then:
a) Euphoria may terminate this Agreement with immediate effect;b) Euphoria may immediately suspend or terminate the User’s access to the Service without notice; and/orc) all monies owed by the User to Euphoria shall become immediately due and payable.
7.3. Any failure by Euphoria to enforce our rights to terminate the Agreement upon a breach of the terms of this Agreement by the User does not constitute a waiver of our rights and Euphoria reserves to enforce our rights at any time.
8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
8.1. All Intellectual Property Rights in the Service shall be owned by Euphoria absolutely or any such Company as Euphoria may designate in its sole discretion.
8.2. The User warrants and represents to Euphoria that the information Posted in the Profile is Posted by the User and that the User is the sole author of the Profile. The User assigns assign to Euphoria with full title guarantee all copyright in the Profile.
8.3. The User waives absolutely any and all moral right to be identified as author of the Profile and any similar rights in any jurisdiction.
8.4. Except for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed by law.
8.5. Except where such information is public knowledge or it is required to be disclosed by law, Euphoria will use its reasonable commercial endeavours to keep confidential the User’s personal details such as surname, real e-mail address and credit card number(s) (where relevant) and will not disclose such information.
9.1. The Service is provided in its current form and Euphoria does not guarantee that the Service or any element of the Service will meet the User’s requirements, purpose or expectations.
9.2. Euphoria does not warrant that any of the information or material provided in the Service is accurate.
9.3. Euphoria does not provide any warranty in respect of the Service, results, availability, or uninterrupted use of the Service.
10. USE OF THE SERVICE
10.1. The Web Site is merely a forum for Members to Post information about themselves and to allow the User to make contact with other Members through use of the Service.
10.2. The User should be aware that information Posted by other Members on their profiles respective are only a description of how they describe themselves. The User should not assume that the information contained in any Profile is necessarily correct and accurate.
10.3. Euphoria does not have an opportunity to check that the Profiles of the Members or Other Users are correct and not misleading. Euphoria does not make any representation or warranty that the information contained in any Profile is accurate and is not under any obligation to verify any information contained in any Profile.
10.4. Before acting on any information contained in any Profile or on any information received by the User through the use of the Service, the User must at his or her own cost and expense, carry out such investigation as the User thinks is necessary to satisfy him or herself of the truth and accuracy of such information.
10.5. If the User arranges any meetings with any person through the use of the Service then the User does so at his or her own risk. The User should take such precautions as he or she may deem necessary to ensure the User’s personal safety.
10.6. Euphoria has a strict ban on pornography. Uploading or displaying pornographic content of any kind will result in imediate suspension and possible deletion of offending members' profiles.
11. LIMITATIONS ON LIABILITY
11.1. Euphoria shall have no Liability for any defect in the Service caused or contributed to by the User or any other Member.
11.2. Euphoria shall have no Liability to the User if any monies owed by the User to Euphoria have not been paid in full by the due date for payment.
11.3. The User shall give Euphoria a reasonable opportunity to remedy any matter for which Euphoria are liable before the User incurs any costs or expenses in remedying the matter. If the User does not do so, then Euphoria shall have no Liability to the User.
11.4. The User shall produce to Euphoria written evidence of any claims for which it is alleged that Euphoria are liable together with written details of how any loss was caused by Euphoria and the steps the User have taken to mitigate the loss before Euphoria shall have any Liability for the claim by the User.
11.5. Euphoria shall have no Liability to the User to the extent that the User is covered by any policy of insurance and the User shall ensure that his or her insurers waive any and all rights of subrogation they may have against Euphoria.
11.6. Euphoria shall have no Liability to the User arising out of the User’s use of the Service or the User’s reliance on any information or other material Posted on the Service or Posted to the User by other Members.
11.7. It is possible for Other Users or unauthorised users to obtain and misuse information about the User as a result of the User’s use of the Service. Euphoria shall have no Liability to the User arising out of any Member's or unauthorised Other User's misuse of information or other material Posted by the User on the Service or to other Members.
11.8. Euphoria shall have no Liability to the User for any:
a) consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions);b) economic or other similar losses; and/orc) special damages and indirect losses.
11.9. The User shall be under a duty to mitigate any loss, damage, costs or expenses that the User may suffer.
11.10. Euphoria’s total Liability to the User under or arising in relation to any Contract shall not exceed 5 times the amount paid by the User for the Service (if any) under that Contract or the sum of £1,000, whichever is the higher.
11.11. Each of the limitations or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
a) Liability for breach of contract;b) Liability in tort (including negligence); andc) Liability for breach of statutory duty;
except clause 11.10 above which shall apply once only in respect of all the said types of Liability.
11.12. Nothing in this Agreement shall exclude or limit Euphoria’s Liability for death or personal injury due to Euphoria’s negligence or any Liability which is due to Euphoria’s fraud or any other Liability which Euphoria are not permitted to exclude or limit as a matter of law.
11.13. Nothing in this Contract shall exclude or limit any of the User’s statutory rights which may not be excluded or limited due to the User acting as a consumer.
11.14. Euphoria shall have no Liability to the User for any delay in performance of this Service or any other matters to the extent that such events and/or matters are due to any events outside Euphoria’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
The User agrees to indemnify and keep indemnified Euphoria against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Euphoria and arising from or relating to the User’s use of the Service, information or any other material Posted on the Service by the User or arising from or due to any breach of contract, any tortuous act or omission or any breach of statutory duty by the User.
13.1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
13.2. No waiver by Euphoria of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.3. This Agreement contains the entire agreement between the User and Euphoria. If any provision of this Agreement is held by any competent court or 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.
13.4. 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.
14. PERSONAL INFORMATION
When you sign up as a user (www.euphoriauk.com) the data you give on application is registered and stored (www.euphoriauk.com).
Your information will be treated confidential and is only available to you and the database staff a (www.euphoriauk.com).
EUPHORIA will not distribute or sell any of your information to a third party. Any kind of exception will only happen with your personal permission.
It is your responsibility that the information you give is correct.