THE DATE OUTDOORS LIMITED

WEBSITE TERMS AND CONDITIONS

These terms and conditions govern Your use of thedateoutdoors.com

Please read these terms and conditions and ensure that You have understood them. If You do not agree to these terms and conditions, please cease use of the Website immediately.

In addition, when using particular The Date Outdoors Limited services or other items provided by The Date Outdoors Limited, You will be subject to any posted guidelines or rules applicable to such services which may be posted on the Website from time to time. All such guidelines or rules are hereby incorporated by reference into these terms and conditions.

1. DEFINITIONS AND INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions:

Agreement: the agreement between You and Us incorporating these terms and conditions

Content: without limit all content, software, information, data, text, photographs, graphics, sound, video, messages, advice, statements or other materials

Data Protection and Privacy Policy: the policy in relation to data protection and privacy as set on the Website which may be amended from time to time

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world

Liability: the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities

Member: any person whose membership has been accepted by Us and whose membership is valid

Post: display, exhibit, publish, distribute, transmit and/or disclose Content on or in connection with the Service

Price: the price of the Service and any variations as shown on the Website from time to time

Profile: the section of the Service containing details, photographs and/or other Content about Users

Service: the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website, Post Content on the Website and attend events organised by The Date Outdoors Limited

User: any person who browses the Website

VAT: value added tax chargeable under English law for the time being and any similar additional tax

We, Us, Our: The Date Outdoors Limited, registered office Bank Gallery, High Street, Kenilworth, Warwickshire, CV8 1LY, company number 05815817

Website: Our website at www.thedateoutdoors.com (or such other website that We may use to provide the Service from time to time)

You, Your, Yourself: means the person whose application for membership of the Service is accepted by Us.

1.2 Condition, schedule and paragraph headings shall not affect the interpretation of this Agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.4 Words in the singular shall include the plural and vice versa.

1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.6 Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

1.7 Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

2. TERMS OF AGREEMENT

2.1 If You are applying for membership, You agree to be bound by this Agreement.

2.2 If You are a User, who is not a Member, Your use of the Website constitutes Your agreement to be bound by this Agreement insofar as they are relevant to Your use of the Website.

2.3 This Agreement (as amended by Us from time to time in accordance with clause 2.5) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.

2.4 Any renewal of Your membership is subject to Our then applicable terms and conditions.

2.5 We reserve the right to vary this Agreement at any time. If so, the updated version will be posted on the Website. You will bound by the updated version if You continue to use the Service thereafter.

2.6 Unless stated otherwise, any new features that alter or enhance the Service, including the release of new services, shall be subject to this Agreement. We may add, delete or change some or all of the services provided as part of the Service at any time.

2.7 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.

2.8 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with this Agreement.

3. PRICE AND PAYMENT

3.1 You shall pay the Price to Us under this Agreement by the means of the payment specified in the Website.

3.2 The Price is inclusive of VAT.

3.3 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.

You will not be able to contact other Members or read and reply to other Members' messages until payment is deemed to have been made.

4. REGISTRATION AND SUBSCRIPTION

4.1 By applying to become a Member You warrant and represent to Us that:

4.1.1 You are at least eighteen (18) years old;

4.1.2 You have the right, authority and capacity to enter into and be bound by this Agreement;

4.1.3 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997; and

4.1.4 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997.

4.2 We shall have the right at Our option to refuse to grant applications for membership at any time.

4.3 The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership from Us by e-mail.

5. YOUR PROFILE

5.1 You acknowledge that other Users will be able to view Your Profile.

5.2 We may copy and/or reproduce any Content Posted by You on the Website in any form and in any manner We wish.

5.3 If You Post and/or disclose to other Users any confidential or sensitive Content about Yourself then You do so entirely at Your own risk.

5.4 You warrant and represent to Us that all Content Posted by You:

5.4.1 is accurate, true, complete and is not misleading; and

5.4.2 will be regularly updated by You so that it remains accurate, true, complete and not misleading.

5.5 We reserve the right to monitor and at Our option to remove or amend for any reason any Content Posted by You.

6. PERSONAL DATA

Content collected from You is subject to the Data Protection and Privacy Policy.

7. USE OF THE SERVICE

7.1 We provide the Service on or via the Website aimed at establishing contacts between You and other Users

7.2 You are solely responsible for any Content that You publish or display on the Website or that You transmit to other Users.

7.3 We will use our reasonable endeavours to control the Content Posted on the Website and, as such, do not guarantee the accuracy, integrity or quality of the Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable.

7.4 You should not assume that the Content contained in any Profile is necessarily correct and accurate. We do not have an opportunity to check that the Profiles are correct and not misleading. We do not make any representation or warranty that the Content contained in any Profile is accurate and We are not under any obligation to verify any Content contained in any Profile. Before acting on any Content contained in any Profile or on any Content received by You through Your use of the Service, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Content. A person may not be who he or she claims to be. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take reasonable precautions to ensure Your safety. Similarly, if You meet with any person through the Service including at an event organised by Us, You do so at Your own risk.

7.5 You must comply with Our reasonable instructions concerning use of the Service.

7.6 You will not:

7.6.1 misuse in any way the Service or any Content Posted on the Service or use the Content on the Website other than for the purposes contemplated in this Agreement;

7.6.2 attempt to gain unauthorised access to any Content available on or via the Service or to any of the networks used in providing the Service;

7.6.3 collect, store, or distribute personal data about other Users without their consent;

7.6.4 send 'mass mailings';

7.6.5 promote another site, service and/or business in any way;

7.6.6 solicit other Members' businesses, advertising, products and/or services;

7.6.7 interfere with or disrupt the Service or servers or networks connected to the Service, infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfering with another User’s use and enjoyment of the Service, including but not limited to (a) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (b) attempting to gain unauthorised access to the Service, other’s accounts on the Service, or private mailing lists on the Service through password mining or any other means;

7.6.8 in any way assign, transfer, part with and/or authorise any other person to use, Your membership;

7.6.9 create more than one account;

7.6.10 create accounts on behalf of other people.

7.6.11 impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;

7.6.12 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;

7.6.13 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

7.6.14 collect, store, or distribute personal data about other Users without their consent; or

7.6.15 promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

7.6.16 Post and/or reproduce in any way any Content in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;

7.7 You will not Post any Content which:

7.7.1 contains telephone numbers, street addresses, last names, URLs or email addresses without first becoming a Subscriber;

7.7.2 breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights (including but not limited to Intellectual Property Rights and/or privacy rights);

7.7.3 is capable of offending others’ beliefs;

7.7.4 expresses or implies that such information is endorsed by Us;

7.7.5 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.7.6 harasses or advocates harassment of another person;

7.7.7 displays pornographic or sexually explicit material of any kind;

7.7.8 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;

7.7.9 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;

7.7.10 promotes any illegal activities;

7.7.11 promotes illegal or unauthorized copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;

7.7.12 provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;

7.7.13 contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);

7.7.14 solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;

7.7.15 promotes information that You know to be false or misleading;

7.7.16 engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent.

7.8 You must notify Us in writing immediately if You become aware of any inappropriate behaviour in connection with the Service.

7.9 You acknowledge that We may establish general practices and limits concerning use of the Service, including without limitation:

7.9.1 the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service

7.9.2 the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Our servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time.

8. SECURITY

8.1 The Member ID, password and activation code allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username, password and/or activation code.

8.2 You should protect against unauthorized access to Your computer. Ensure that You sign off when You finish using a shared computer.

8.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases You should immediately amend Your password using the Service.

9. FUNCTIONING OF THE SERVICE

9.1 The Service is provided in its current form and We do not guarantee or warrant that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.

9.2 We do not guarantee or warrant that any of the Content provided in or via the Service is accurate or reliable. You rely on it at Your own risk.

9.3 Due to the nature of the internet, We do not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service except that We will use Our reasonable endeavours to rectify serious faults as soon as practical though not within any particular timescale.

9.4 We reserve the right to make changes to the Service provided that they do not have a material adverse effect on the quality of the Service.

9.5 We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.

9.6 The Website is designed for use with the latest PC version of Internet Explorer and is fundamentally designed as a self-service system. Members are expected to do everything they need to their account themselves. Members are also expected to have a working, up to date browser and knowledge of how to use it. Members with any other/older browsers or different computers are responsible for satisfying themselves that the site works well enough for them before paying. We cannot offer technical support for people with old/faulty/incompatible browsers or who do not know to use them.

10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

10.1 As between You and Us, All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.

10.2 You warrant and represent to Us that the Content Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.

10.3 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Content relating to the Service which may be disclosed to You or which You may learn, except where such Content is public knowledge or it is required to be disclosed by law.

10.4 You are expressly prohibited from:

(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;

(ii) removing, modifying, altering or using any intellectual property in connection with the Service and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the Intellectual Property Rights owned and/or licensed to Us without first obtaining the written permission of the owner of the intellectual property.

10.5 By publishing or displaying any Content on the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content.

11. EXTERNAL WEBSITES

11.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy Yourself that any goods or services referred to thereon are suitable for Your requirements. These are provided solely as a convenience to You and not as an endorsement by Us of the contents on such third-party web sites. As We have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.

11.2 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If You decide to access linked third-party Web sites, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.

11.3 You may link to the Service but You may not include the Service in part or in whole within another external website without Our prior written consent.

12. LIMITATIONS ON LIABILITY

12.1 You expressly understand and agree that:

12.1.1 Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis.

12.1.2 We are not responsible for any Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Service.

12.1.3 We make no warranty (i) that the Service will meet Your requirements, (ii) that the Service will be uninterrupted, timely, secure, or error-free, (iii) about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics and links (iv) that the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, (v) that any errors in the software will be corrected, and (vi) that the Service may be downloaded outside the United Kingdom. Further, if Your use of the web site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.

12.1.4 any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

12.1.5 no advice or information, whether oral or written, obtained by You from Us or through or from the Service shall create any warranty not expressly stated in this Agreement.

12.1.6 much of the material on the Website is provided by third parties and We shall not be held responsible for any such third party material.

12.1.7 We cannot guarantee and do not promise any specific results from Your use of the Website.

12.2 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.

12.3 We shall have no Liability to You:

12.3.1 if any monies owed by You to Us have not been paid in full by the due date for payment.

12.3.2 to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against

12.3.3 arising out of Your use of the Service and/or Your reliance on any Content Posted by other Members.

12.3.4 arising out of any Member's and/or unauthorised User's misuse of Content Posted by You on the Service and/or to other Members;

12.3.5 for any:

12.3.5.1 direct, indirect, incidental, special or consequential loss

12.3.5.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or

12.3.5.3 damage to or loss of goodwill, reputation, data, use or other intangible losses or (even if We have been advised of the possibility of such damages)

12.3.6 for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.

12.3.7 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.

12.3.8 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to

12.3.9 You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.

12.3.10 In the event that You have a claim or right of action against any other User arising from that User’s Use of the Website, You agree to pursue such claim or action independently of and without any demands from Us, and You release Us from all claims, Liability and damages arising from or in any way connected to such claim or action.

12.3.11 In the event that a claim or action is brought against Us arising from Your activities or Use of the Website, including any breach by You of this Agreement or any charges or complaints made by other parties against You, You agree to pay, hold harmless and defend Us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Us to assume the exclusive defence and control of the matter if We so wish.

12.3.12 Without prejudice to the foregoing, In no event will Our Liability arising out of or in respect of this Agreement exceed an amount equal to the lesser of (i) the Price paid by You in the preceding 12 months, where applicable, or (ii) an amount of two hundred pounds (£200.00).

12.4 Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.

12.5 Nothing in this Agreement shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.

12.6 This clause (and any other clause excluding or limiting Our Liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

13. INDEMNITY

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, Content and/or other material Posted on or via the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

14. CANCELLATION / TERMINATION / SUSPENSION

14.1 You may terminate Your membership at any time, upon giving Us notice by Your written or email notice of termination, sent to the postal or e-mail address detailed in clause 18.4. In such case You will not be entitled to any refund of monies paid.

14.2 We may at any time and without cause, terminate this Agreement with You, deny You access to the Website and delete Your Profile and any other Content You have submitted by Your Use of the Website on provision of reasonable notice. If so We will refund pro rata any fees already paid.

14.3 We may terminate the Agreement with You, deny You access to the Website and delete Your Profile and any other Content You have submitted by Your Use of the Website with immediate effect in the event that:

14.3.1 You fail to make any payment to Us when due;

14.3.2 You breach the terms of this Agreement;

14.3.3 You act inconsistently with the spirit of this Agreement;

14.3.4 You fail to provide Us within the time limit requested by Us with sufficient Content to enable Us to determine the accuracy and/or validity of any Content Posted by You; and/or

14.3.5 in Our reasonable opinion, any Content Posted by You is damaging or potentially damaging to Our business or Members or Users; then, without prejudice to any other remedies We may have, clause 14.4 below shall apply.

14.4 If any of the events set out in clause 14.3 above occurs in relation to You then You will not be entitled to any refund of monies paid and You shall not attempt to use the Service or rejoin as a Member.

14.5 This clause 14.5 applies to You only if You are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 www.hmso.gov.uk/si/si2000/20002334.htm You may cancel Your order by giving Us written notice within 7 working days of placing Your order. Within 30 days of Your notice We will refund credit card payments by credit card refund. However, this right of cancellation does not apply once You have started to use Our Service by sending or reading or opening messages.

14.6 This Agreement continues for so long as You are a Member. Even after termination of this Agreement, certain clauses will continue to apply including clauses 6,11,12 and 13 and other clauses necessary to interpret or enforce this Agreement.

15. DISCLAIMER

15.1 The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the Content provided on the Website.

15.2 We are not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Website.

15.3 The Website may contain errors and, from time to time, may not be accessible by Users. The Content provided on the Website by Us is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.

15.4 We are not responsible for injuries arising out of the use of alcohol or drugs.

16. LAW AND JURISDICTION

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.

17. RIGHTS OF THIRD PARTIES

All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18. GENERAL

18.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

18.2 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent 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.

18.3 We may assign all or part of Our rights or duties under this Agreement; You may not do without Our prior written consent.

18.4 Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You on the Service (in Your case) and by email to [info@thedateoutdoors.com] (in Our case).

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