TERMS OF USE
This World Wide Web site, www.widdlykinks.com, ("the Site") is operated by WiddlyKinks.com Ltd, a Company incorporated in England (registered number 05728870), and having its registered office at 2nd Floor, 145-157 St. John Street, London, EC1V 4PY, United Kingdom ("WiddlyKinks").
Widdlykinks's VAT Registration Number is 889241676.
Your use of the Site is subject to the terms and conditions set out below. Please read them carefully before accessing any other pages in the Site. Your use of the Site is conditional upon your acceptance of these terms and conditions. If you do not agree to these terms and conditions, please leave the Site immediately, and do not visit or use the Site.
Terms and Conditions
We, Widdlykinks.com Limited of Suite 163, 98 Woodlands Road, Glasgow, G3 6HB. ("Widdlykinks.com"), with our registered office at 2nd Floor, 145-157 St John Street, London, EC1V 4PY are willing to grant you, the subscriber, access to our online website (the "Service") on the condition that you accept all of the terms of this subscriber agreement (the "Agreement"). Widdlykinks.com offers a monthly or yearly subscription service that enables subscribers to access information, news, reviews and offers including, but not limited to: restaurant reviews, business directory, money saving offers, entertainment ideas. This is a licence, not a sale. As a paying subscriber, you are granted a non-exclusive, non-transferable limited licence to access the information contained within the Widdlykinks.com website, and to reproduce and store portions of their contents for your personal, non commercial use, all according to and in line with the terms and conditions of this Agreement.
Due to the nature of the Service and the proprietary character of the information and materials, for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (as amended) ("the Regulations"), you agree that your right to cancel the Agreement begins when you agree to proceed as provided above, and ends when we send you an email to confirm your account has been activated i.e. when performance of the Agreement is commenced by us. For the purposes of the regulations and the information which we are required to provide to you, you will be required to indicate when proceeding the length of your subscription and the fee accordingly payable. You will be sent an email confirming this information should you proceed to payment.
Your Rights
You may access any of the information on this site, under your current subscription. Download for your own personal and private use any information from the site for as long as that material remains available under your current subscription, whereafter any information must be deleted or destroyed. You may reproduce our material and use the information available under your current subscription solely for private use.
You Agree
That you are over 16 years of age.
That all downloadable information and information on this site is protected by copyright, trademark and other proprietary rights and that these are valid and protected in all forms, media, technologies, existing now or hereinafter developed.
Not to modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in anyway exploit any of the content of the information and downloadable information, in whole or in part, except as instructed on this website or as provided in this agreement.
Not to assign your rights under this agreement, you will not share your password or membership privileges with anyone else. Membership is licensed to an individual and sharing member privileges is cause for termination of membership and forfeit of all fees paid.
To notify the service of any unknown or suspected unauthorised use(s) of your subscription to the service, or any unknown or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.
Use of material
By contributing information, ideas, artwork or articles; posting messages; uploading files; inputting data; or engaging in any other form of communication through Widdlykinks.com, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sub-license any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorise others to do so.
Your right to cancel
Widdlykinks.com individual accounts are billed on an annual/monthly cycle, on the same date of the calendar month in which the membership was purchased. For example, if your membership is purchased on the 15th day of the fifth month, you will be billed each year on the 15th of the fifth month. Users are responsible for payment of the account billing upon the billing date. Account cancellation after the billing date will not result in a refund. If you chose the auto renew payment option, your account will automatically be debited for the required amount inline with the subscription level that you have signed up to. Should you wish to cancel the autorenew payment option at any time it is your responsibility to update the information in your subscription in the members section of the site to avoid any further payments being taken from you card. Your card details are also stored in the subscription section of the site and can be updated at any time.
Membership may be cancelled by giving 7 days notice to accounts@widdlykinks.com or in writing to Suite 202, 98 Woodlands Road, Glasgow, G3 6HB. Widdlykinks.com require 5 working days to process a cancellation and you will be notified by email to confirm receipt of your cancellation. The 5 working days cancellation period begins when we notify you to confirm receipt of your request to cancel. Should a payment be due within the 5 working days, from Widdlykinks.com confirming acceptance of a notification to cancel, payment will still be taken using the details supplied by you. No partial annual or monthly refunds will be granted.
Widdlykinks.com may, at its sole discretion, terminate or suspend your access to all or part of the Service for cause, including, without limitation, breach or assignment of this Agreement. Upon termination, for any reason, the licence granted above shall terminate, and you shall immediately cease using the Service and delete all content residing on any hard drive or other storage device.
Other Terms
This agreement supersedes all other agreements, warranties or representations with regard to your use of this service. We may amend the terms of this agreement from time to time by posting such amendments on the Widdlykinks.com website. Your continued subscription to the service following the posting of any changes to the terms of this agreement will indicate your acceptance to these changes.
Performance of the website may be subject to delay and interruption due to causes beyond its control, such as acts of God, power failure, terrorism, earthquakes, fire, equipment failure and the like.
The Service and its contents are provided "as is" without warranties of any kind, either express or implied, including, without limitation, accuracy, omissions, completeness or delays, or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that your use of the service is entirely at your own risk.
Widdlykinks.com.com shall not be liable to you for any loss not reasonably foreseeable by it when this Agreement commences, 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). Your sole remedy shall be limited to the return of the fees actually paid by you to Widdlykinks.com for the current subscription year, and those fees shall be the maximum liability of Widdlykinks.com hereunder. Widdlykinks.com shall also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control. Nothing in this Agreement limits the liability of Widdlykinks.com for death or personal injury resulting from its negligence, or any other liability which may not by law be excluded. Any statutory rights which you may have as a consumer remain unaffected.
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 Service.
You acknowledge that Widdlykinks.com.com has not reviewed and does not endorse the content of all sites to which the Service is linked and is not responsible for the content or actions of any such other sites. Your accessing any such site is entirely at your own risk.
Under no circumstances may any of the Widdlykinks.com web pages be displayed within a frame on another website. We are very strict about this policy and will take legal action against any website that displays any of the pages of the Widdlykinks.com website within a frame on another website. All materials on the Widdlykinks.com web pages are copyrighted. They may not be added to any other server without written permission from Widdlykinks.com.
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 Widdlykinks.com assign or dispose of this Agreement.
All content on Widdlykinks.com.com is provided for general information only and does not in any way constitute any form of advice and you agree to indemnify Widdlykinks.com against all liabilities, claims and expenses that may arise from any claim from the use or interpretation of any of the information included within the Widdlykinks.com site.
Widdlykinks.com reserves the right to change, alter, reduce or increase the cost of membership in anyway at anytime. You current subscription will not be affected, however, any future subscriptions will be paid for inline with the current subscription costs of the site.
Networking Room
Part of the Site may contain interactive sections such as deal rooms, chat rooms, networking rooms or bulletin boards (the "Interactive Sections"). Users of the Site may post and/or transmit data, text or other materials to these Interactive Sections (each a "Posting"). You shall be liable for any Postings you make to the Interactive Sections. Widdlykinks is not liable or responsible for, and does not control or pre-screen, such Postings. Widdlykinks does not monitor or exercise any editorial control over the Interactive Sections. However, Widdlykinks has the right (but not the obligation) in its sole discretion to alter, amend, remove and/or refuse to display any Postings. Widdlykinks is not responsible for and does not necessarily endorse, support or recommend the contents of Postings or the Interactive Sections. YOU SHOULD NOT RELY ON THE CONTENT OF ANY POSTINGS, AND ANY RELIANCE ON POSTINGS WILL BE AT YOUR OWN RISK.
You shall not:
(a) create any Posting that is, or could be, deemed to be obscene, defamatory, threatening, profane, indecent or degrading;
(b) create any Posting that contains information obtained or disclosed in breach of confidence or which is otherwise contrary to applicable law or regulation;
(c) create any Posting that infringes copyright, or any other rights of any third party, or which is otherwise unlawful;
(d) create any Posting that impersonates any person, company, group or entity or misrepresents a relationship to or with any of the same;
(e) create any Posting that is or could be deemed to be the provision of professional advice;
(f) create any Posting that contains any advertising or promotional material or any chain e-mails, "spam", junk mail, pyramid schemes and/or mail bombs;
(g) create any Posting that contains a virus or other harmful component;
(h) create any Posting that disguises the origin of such Posting;
(i) create any Posting that collects or stores any third parties' personal data;
(j) create any Posting that prevents or restricts the use of the Site, the Materials, the Downloads and/or the Interactive Sections by other users;
(k) stalk or harass any third party by means of the Interactive Sections; or
(l) attempt to disrupt or interfere with the Interactive Sections or any other part of the Site.
You hereby grant Widdlykinks a non-exclusive, perpetual, transferable, royalty free licence to use, display, reproduce, copy, transmit or amend your Postings. You hereby waive all rights, including (without limitation) any moral rights (in terms of Chapter IV of Part I of the Copyright, Designs and Patents Act 1988, or any analogous rights under any other jurisdiction) that you may have in such Postings.
If you have reason to believe that any Posting infringes these terms and conditions or is otherwise objectionable you will notify Widdlykinks immediately at info@Widdlykinks.com
Widdlykinks reserves the right to reveal the identity of anyone making a Posting to a third party where:
i) requested to do so by a Court of competent jurisdiction; or
ii) where in Widdlykinks's opinion that person has breached one or more of the provisions in the Clauses above.
Computer Viruses
Widdlykinks will use reasonable endeavours to ensure that the Site, the Materials and the Downloads do not contain or spread any viruses or other malicious code.
Widdlykinks EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) IN CONNECTION WITH ANY DAMAGE OR LOSS CAUSED BY COMPUTER VIRUSES OR OTHER MALICIOUS CODE ORIGINATING, OR CONTRACTED, FROM THE SITE, THE MATERIALS, DOWNLOADS, POSTINGS AND/OR ANY THIRD PARTY SITES.
Widdlykinks.com.com assumes no responsibility for the accuracy of any statement and accepts no liability whatsoever for any loss or damage which may arise from reliance on the information contained on Widdlykinks.com. Links to other sites from Widdlykinks.com are for information only and Widdlykinks.com accepts nor responsibility or liability for access to the material on any website which is linked from, or to, Widdlykinks.com.
Offers contained and offered within this site are subject to the terms and conditions of the third party providing the offer and Widdlykinks.com accepts no liability for any loss, damage or claim in relation to these offers. There is no cash alternative to any offer advertised within this site and all offers must be used in conjunction with the offering third parties terms and conditions.
This Agreement, together with our privacy policy contains the whole of the agreement between Widdlykinks.com and you concerning the Service 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.
Privacy
Widdlykinks is committed to protecting your privacy. Accordingly, Widdlykinks shall process personal data that you submit to Widdlykinks through the Site in accordance with Widdlykinks' Privacy Statement.
When you view the Site some information may be stored on your computer. This information will be in the form of a "cookie" or similar file and will help Widdlykinks improve your browsing experience. Cookies allow the Site or a related advertisement to be tailored to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. If you do not wish the Site to record cookies on your computer then please configure your browser software accordingly. Please refer to your Internet browser instructions or help screen or learn more.
Applicable Law
The Site originates from, and is maintained in, the United Kingdom. Widdlykinks makes no representations regarding the legality of access to or use of the Site and/or the Materials and/or the Downloads and/or the Postings from/in other countries. Any export or use of the Materials and/or the Downloads by you must be in compliance with all UK export laws and regulations in effect at the time of such export or use, and is limited as described above in Clause 1 (Intellectual Property and Confidentiality) of these Terms and Conditions.
IF YOU ARE ACCESSING THE SITE FROM OUTSIDE THE UNITED KINGDOM THEN YOU DO SO AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS OF THE COUNTRY FROM WHICH YOU ARE ACCESSING THE SITE.
These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes relating to your access to and use of the Site shall be determined by the Scottish courts.
Purchasing
Should you place an order with us, please be aware that we use a secure server. Any data you give us is encrypted using a Secure Socket Layer (SSL) session. SSL is an industry standard and is one of the best ways to ensure that Internet messages are not intercepted. You should be aware, however, that older browsers cannot use SSL. To be sure, you will need Netscape version 4.05 or above, Microsoft Internet Explorer version 4 or above, or any similar generation browser.
Security
When required to register for a service on the Site, it is solely down to you as the user to keep your details secure and safe. If you feel that there has been a breach in security on your licence, please contact info@Widdlykinks.com
Severability
If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.
If you have any questions concerning these terms and conditions please contact info@Widdlykinks.com
This Agreement shall be governed by and construed in accordance with Scottish law and the Courts of Scotland shall have exclusive jurisdiction in respect of any dispute.