EXPLORERS CONNECT LTD TERMS & CONDITIONS OF MEMBERSHIP AND BUSINESS
YOU MUST READ THESE TERMS CAREFULLY BEFORE TAKING OUT MEMBERSHIP WITH THE COMPANY. BY APPLYING FOR MEMBERSHIP OR FOR PARTICIPATION IN AN EVENT OR ACTIVITY YOU AGREE TO THESE TERMS AND CONDITIONS.
"The Company" means Explorers Connect Ltd, registered in England and Wales with No. 7598165
"EC Event" mean(s) anything organised and hosted by the Company.
"Member" means any Member of Explorers Connect Limited or any person or persons intending to or who have applied for Membership of Explorers Connect Limited.
"You" means any person who is a member prospective member or past member of Explorers Connect Ltd or where the context permits a guest of a member.
"Host" means a Member who acts as a host and point of contact for Events. A Host is not a legal or authorised representative of the Company and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors of the Company can do so.
"Activities" are events organised by Members or Preferred Suppliers, and as such are not regulated by the Company and will have no Host in attendance.
"Supplier" means any third party supplier or organiser of an EC Event.
"Preferred Suppliers" are 3rd party organisations advertising their events on the Company website
"Site" means all websites listed below in clause 2.1 and any official Explorers Connect Facebook Pages or Groups, together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trade marks, database, member details and moral rights.
"Terms" mean these terms and conditions and any subsequent amendments as may be notified to you.
"Working day" is any day other than weekends and bank or other public holidays.
2 FORMATION OF THE CONTRACT
2.1 These terms apply to all services and any goods supplied by the Company through the following domain and sub domain or other means:-
2.1.1 www.explorersconnect.com and www.explorersconnectclub.co.uk together with any other Company domains and sub domains listed on any of the Sites or any sub domains and any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to you to apply for membership with the Company or to take part in an EC Event. No contract exists between you and the Company until the Company or as the case may be the Supplier has received and accepted your application and sends you a confirmation of acceptance.
2.3 Except where the EC Event description says otherwise the Company is acting as a disclosed agent for Third Party Suppliers and the EC Events are under the control of those third parties subject to their terms and conditions. Their Terms and Conditions will be available on the Site or the Company upon request will tell you where they can be found. The Company has no responsibility for the manner of delivery of the EC Event. As Agent the Company does not have contractual liability to you for the event or for the negligence or breach of contract by the Supplier.
3 ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users.
3.3 We will determine, in our discretion, whether there has been a breach of these terms. Where a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site .
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.4 We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
3.6 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. RELIANCE ON INFORMATION POSTED
4.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by user or member of our site, or by anyone who may be informed of any of its contents.
4.2 You should not rely on any materials posted on our site for personal, medical, legal, financial or any other type of advice and we strongly recommend that you consult an appropriate qualified professional where necessary.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6 OUR SITE CHANGES REGULARLY
6.1 We aim to update our site regularly, and may change the content, including but not limited to the charges associated with the use of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7.1 Membership subscriptions will be specified on the Company’s Site and will be annual. All subscriptions and any other sums payable to the Company are payable in GB Pounds sterling and by becoming a member you agree that the Company may issue you with invoices in electronic format by e-mail should it wish to do so.
7.2 The Company may change its policy on subscriptions at any time and any change will be effective at the next renewal date and after the expiry of 1 month following the date of posting the change on the Site.
7.3 The subscription is payable annually in accordance with the sums set out on the Site. Any membership card issued by the Company remains the property of the Company. For administrative purposes the card will show an annual expiration date. If the annual subscription is not paid within 7 days of the periodic renewal date the card shall thereupon be returned to the Company and membership shall immediately be cancelled or suspended at the option of the Company.
7.4 You have the right to cancel the application for membership at any time up to the end of seven working days after your application for Membership is submitted via the Site.
7.5 You can cancel your account and subscription at any time by emailing firstname.lastname@example.org with CANCEL SUBSCRIPTION in the subject line.
7.6 The Company has the right in its absolute discretion to limit the number of members to refuse membership or renewal for any reason or to expel a member or prevent any member or guest from taking part in or continuing at any EC Event.
7.7 Members must adhere to all rules of membership both online and at EC Events and Activities
7.8 Membership is not transferable.
7.9 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible and careful manner. Members failing to behave correctly will have their membership cancelled and no refund will be offered. Suppliers or other EC Event organisers can refuse admission if in their opinion you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Event whether through unreasonable behaviour, drink, drugs or otherwise.
7.10 The Company reserves the right to terminate your membership with immediate effect should you be found to breach these conditions.
7.11 You must be over 18 years of age to become a member.
8. EC EVENTS
8.1 Members are to only book onto EC Events for their own sole use, and cannot do so on behalf of others without permission from the Company.
8.2 Payment for any Event may be made by transfer from your bank account or online by credit/debit card. Payment shall be made in GB Pounds sterling. No payment for any EC Event shall be deemed to have been received until the Company has received cleared funds.
8.3 Every effort is made to ensure that prices for EC Events shown on the Company’s site are accurate. If a booking has been accepted and an error is found the Company will inform you as soon as possible and offer you the option of reconfirming for the EC Event at the correct price or cancelling your booking for that EC Event. If you cancel because of such error the Company will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
8.4 The Company shall not be responsible or liable in any way whatsoever for the cancellation of an EC Event other than as provided by this clause and clause 8.3. Where cancellation arises and is the fault of the supplier of an EC Event the terms and conditions of that supplier shall apply. The Company will use reasonable endeavours to recover payment of the monies paid by the member for the EC Event but shall not be obliged to commence legal proceedings.
8.5 The Company gives no warranty that the provider of an EC Event will accept your booking or that such provider will not cancel or vary the EC Event. If an EC Event requires a minimum number of participants and that number has not been booked by the deadline date set out on the Site the Company or the Supplier may cancel the EC Event and liability shall be limited to the return of the sum paid by you.
8.6 Some variations to the published times or arrangements for an EC Event may be made by the Supplier. There may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used, or programme or content. Some EC Events are dependent on weather or other factors outside the control of the Company or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier says otherwise.
8.7 Should you wish to cancel your participation in an Event after placing a booking you must notify the Company by email at the email address shown on the Site.
8.8 Where possible, Explorers Connect will endeavour to refund all or part of your payment if you are unable to attend. To cover our expenses, the following cancellation charges apply:
· More than 2 weeks in advance: 50% of total price.
· Less than 2 weeks: full price
· In the event of a no-show or not arriving on time for an activity no refund will be made.
For Holidays (anything abroad or over 4 nights in length) any deposits paid will always be non-refundable under any circumstances and will be subject to the Supplier’s terms.
8.9 When participating in an EC Event which requires you to provide clothing, equipment, tools or appliances you must supply what is required suitable for use and shall cause no damage nuisance or annoyance to any other member or third party. The Company shall not be responsible for the care maintenance or repair of such clothing equipment tools or appliances.
8.10 You must ensure that you are physically fit and capable of taking part in any Event for which you subscribe and in applying to take part in such EC Event you warrant to the Company that you are physically suited to take part in such Event and will remain so throughout the EC Event.
8.11 In applying to take part in an EC Event you acknowledge that the terms and conditions of the Supplier shall apply to the EC Event and it is your responsibility to familiarise yourself with the terms and conditions of the Supplier and the rules regulations and safety policy governing the EC Event. If relevant equipment is supplied by the Supplier the Company shall not be liable for defects in or shortages of such equipment or parts thereof. You will at all times use equipment (whether supplied by you or other members or the Supplier) in accordance with the guidance and advice given by the relevant equipment supplier or the Supplier. You shall have no claim against the Company for any failure by the Supplier to supply adequate equipment instruction information or advice or to ensure that the EC Event is suitably organised managed or controlled
8.12 Unless otherwise stated it is your responsibility to arrange travel to the EC Event and where applicable to comply with any passport, visa or inoculation requirements.
8.13 The right to participate in an EC Event is not transferable.
8.14 You must provide proof of membership (e.g. membership card) at EC Events when requested to do so. Failure to do so may lead to inability to participate in an EC Event.
8.15 Participation in all EC Events is at your risk or is governed by the Suppliers’ Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the EC Event the Company shall have no liability to provide compensation.
9.1 The Company shall bear no responsibility for Activities added and organised by Members or Preferred Suppliers, nor for payments made by you for them. Members booking onto Activities organised by other Members or Preferred Suppliers do so entirely at their own risk and discretion.
9.2 Members or Preferred Suppliers who add Activities and portray false information or fail to organise the Activity properly once other Members are booked onto it can be restricted from organising further Activities, at the discretion of the Company.
10. CONTENT STANDARDS
10.1 These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
10.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3 You agree that your contributions will:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
10.4 You agree that your contributions will not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless our site specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of our site that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying our site.
Violate any code of conduct or other guidelines which may be applicable for our site.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
10.5 We are under no obligation to monitor the contributions, however, we reserve the right to review the contributions and to remove them.
10.6 We also reserve the right to terminate your access to any or all our Sites at any time without notice for any reason whatsoever.
10.7 Always use caution when giving out information about yourself in any contribution. We do not control or endorse the content, messages or information found in any contribution and, therefore we disclaim all liability with regard to the contribution and any actions resulting from your participation in any contribution.
10.8 Our Hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
10.9 Contributions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
10.10 Specifically on the Facebook Group pages: you cannot post anything that is not related directly to adventure, you cannot post anything that is not in the interests of the membership, you cannot promote your or anyone else's business or commercial projects without prior consent from Explorers Connect in writing. If you break these conditions you will be banned and no membership refund will be offered.
11 DELAYED DELIVERY; FORCE MAJEURE ETC
11.1 Delayed delivery or failure of the Company to comply with any obligation hereunder whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond the Company’s control will not involve liability on the part of the Company and the Company shall be entitled as its option to cancel the order or any part thereof or to postpone the EC Event
12.1 In view of the potentially dangerous nature of certain EC Events or Activities you are recommended to obtain your own personal accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Members shall have full responsibility for arranging their own suitable insurance.
12.2 Members and Preferred Suppliers should ensure that all events added where appropriate have adequate public liability insurance and abide by any applicable regulations.
13.1 Members agree to allow the Company to use any photographs or other images of them taken at EC Events or activities for promotional purposes and are aware that they may be taken by other members and posted on social networking sites or elsewhere over which the Company has not control. Where the photograph is on the Company website and is deemed offensive by you then upon being informed the Company will use its discretion to remove it or otherwise but is under no obligation to do so.
14 DATA PROTECTION
14.1 The Company will take all reasonable precautions to keep the details of your applications and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with the company.
14.2 The Company shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or arising from your negligence or breach of duty.
16. LIMITATION OF LIABILITY
16.1 Further to the provision of clause 9.1 Members are reminded that the Company has no control over Activities organised by Members and attendance at and transport to these Activities, nor control over those attending or the information supplied, and is not responsible for the acts or other actions by other Members or guests.
16.2 Nothing in these conditions excludes or limits the liability of the Company:
16.2.1 for death or personal injury caused by the negligence of the Company its officers or employees;
16.2.2 for any matter for which it would be illegal for the Company to exclude or attempt to exclude liability; or
16.2.3 for fraud or fraudulent misrepresentation.
16.3 Subject to clause 16.2:
16.3.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligation shall be limited to the membership fee or the price of the EC Event; and
16.3.2 the Company shall not be liable to you for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site, membership or an EC Event.
17.1 The Company may amend these Terms at any time by giving you notice ("Notice") by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Existing members will be bound by the amended Terms after the expiry of 30 days following the date of a Notice.
17.2 Each right or remedy of the Company under the Terms is without prejudice to any other right or remedy of the Company whether under the Terms or not.
17.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
17.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
17.5 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
17.6 Neither the Company nor you intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom the Company transfers its rights under this Contract.
17.7 The Company may assign the benefit of any contract to any person, firm or company.
Explorers Connect ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Explorers Connect Ltd of 124 Cheltenham Road, Bristol, BS6 5RW, UK.
Information We May Collect From You
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site www.explorersconnect.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.
Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
Where We Store Your Personal Data
[All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology].] Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses Made of the Information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
[We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.]
Disclosure of Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Explorers Connect Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.