1. DEFINITIONS
1.1 In these conditions the following words have the following meanings unless the context requires otherwise:
"Information" all information whatsoever including but without limitation all content, software, data, text, photographs, graphics, sound and video;
"IPR" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;
"Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Post" means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service, and the phrases "Posted" and "Posting" shall be construed accordingly;
"Personal Profile" means the section of the Service containing details, photographs and/or other Information about You ;
"Service" means the service provided by Phwoar.com to You including, but not limited to Phwoar.com allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website;
"Terms" means the terms and conditions for the provision of the Services (as amended from time to time);
"User" means any person who browses the Website at any time including any member to the Service and any Premium Member;
"Phwoar.com" means Phwoar.com Limited registered in England with number 05614956;
"Premium Member" a member who has paid for an upgrade to their account, enabling them to correspond with other premium members;
"Website" means www.phwoar.com;
"You , Your, Yourself" means a User.
2. Formation of Contract
2.1 If You are applying for membership to the Service or are a Member You hereby agree to be bound by the Terms, and if you are a User Your use of the Website constitutes Your agreement to be bound by these Terms insofar as they are relevant to use of the Website by non-Members.
2.2 These Terms (as may amended in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.
2.3 Phwoar.com reserves the right to vary the Terms at any time. If so, the updated version will be posted on the terms and conditions page of the Website and You will bound by the updated version if You continue to use the Service thereafter.
2.4 Phwoar.com's employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Phwoar.com in writing. You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
2.5 Phwoar.com reserve the right in its sole and absolute discretion to:
2.5.1 monitor and at Phwoar.com's option to remove for any reason any Information Posted by You; and
2.5.2 refuse to grant applications for membership and to terminate memberships at any time.
2.6 Our acceptance of Your application for membership brings into existence a legally binding contract between Phwoar.com and You relating to the sale and purchase of the Service on these Terms. No application for membership shall be deemed to be accepted by Phwoar.com until Your photograph is uploaded on to the Website by Phwoar.com.
3. Eligibility for Membership
3.1 By applying to become a Member You warrant, represent and undertake to Phwoar.com that:
3.1.1 You are over 18 years old;
3.1.2 the application You are making is for yourself;
3.1.3 You have not been convicted of any offence relating to violence;
3.1.4 You have 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); and/or
3.1.5 You will abide by these Terms.
3.2 If You are not able or not willing to give the warranties, representations and undertakings set out in clause 3.1 above, then You must not apply for membership.
4. Price and Payment
4.1 The price payable by you for the Service shall be as set out on the Phwoar.com website [link] from time to time. Phwoar.com's prices are inclusive of any applicable VAT.
4.2 You shall pay all sums due to Phwoar.com under these Terms by the means of the payment specified in the website and without any set-off, deduction, counterclaim and/or any other withholding of monies. You shall be responsible for any applicable banking charges. Payment shall not be deemed to be made and you shall not be entitled to use the Service until Phwoar.com has received either cash or cleared funds in respect of the full amount outstanding.
4.3 Unless otherwise stated in these Terms, all monies paid by You to Phwoar.com are non-refundable.
5. Posting and Personal Profile
5.1 You shall not:
5.1.1 Post Your personal details such as Your telephone number, fax number, address and/or e-mail address or URL in Your Personal Profile or any other Information which would enable other Members and/or Users to contact You directly;
5.1.2 Post Information which 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 IPR and/or privacy rights);
5.1.3 use the Service to promote another site, service and/or business in any way including but not limited to Posting any telephone number, fax number, address and/or e-mail address or URL in Your Personal Profile;
5.1.4 solicit other Members' business, advertise, buy or sell products and/or services through the Service;
5.1.5 misuse in any way the Service or any Information Posted on the Service;
5.1.6 attempt to gain unauthorised access to any Information available on or via the Service or to any of the networks used in providing the Service;
5.1.7 Post and/or reproduce in any way any Information in which the IPR belong to another party without first obtaining the prior written consent of the owner of such rights;
5.1.8 copy, in whole or in part any of the Information on the Website (including, but not limited to any Information contained in other Members' Profiles) other than for the purposes contemplated in this Agreement;
5.1.9 Post any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;
5.1.10 in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
5.1.11 Post any Information, which in Phwoar.com's sole and absolute discretion is sexually explicit, vulgar, indecent, racist, abusive, invasive of another's privacy, offensive, harmful, threatening, harassing, stalking, inflammatory, sexually suggestive, defamatory and/or obscene; and/or
5.1.12 Post any Information which in Phwoar.com's sole and absolute discretion is capable of offending others' political and/or religious beliefs.
5.2 You acknowledge and agree that Phwoar.com is entitled to investigate and revoke Your membership if You have misused the Service or if Phwoar.com in its sole and absolute discretion considers that Your behaviour in connection with the Service is inappropriate, unlawful, illegal or a breach of the provisions of clause 5.1.
5.3 You warrant and represent to Phwoar.com that all Information posted by you;
5.3.1 is accurate, true, complete and is not misleading;
5.3.2 will be regularly updated by You so that it remains accurate, true, complete and not misleading; and/or
5.3.3 where You provide Information relating to Your vehicle, You are the registered keeper and/or authorised user of that vehicle.
5.4 If You Post and/or disclose to any other Users and/or Members any confidential and/or sensitive Information about Yourself, then You do so entirely of Your own risk.
6. Security
6.1 The Member identification number, 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.
6.2 You should protect against unauthorized access to Your computer. Ensure that You sign off when You finish using a shared computer.
6.3 You must notify Phwoar.com 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.
7. Termination and Distance Selling Regulations
7.1 You may terminate your membership at any time, upon giving Phwoar.com notice in writing to Phwoar.com Ltd, PO Box 714, Telford, United Kingdom, TF7 9BG.
7.2 If the circumstances in clause 7.3 do not apply, Phwoar.com may terminate Your membership at any time, without cause, upon giving You notice by email and Phwoar.com will refund to You pro rata, any fees already paid by You.
7.3 If:-
7.3.1 You fail to make any payment to Phwoar.com when due;
7.3.2 You breach these Terms;
7.3.3 You persistently breach these Terms;
7.3.4 You fail to provide Phwoar.com within the time limit requested by Phwoar.com with sufficient Information to enable Phwoar.com to determine the accuracy and/or validity of any Information Posted by You; and/or
7.3.5 in Phwoar.com's reasonable opinion, any Information Posted by You is damaging or potentially damaging to Phwoar.com's business or Members or Users;
then without prejudice to any other rights or remedies Phwoar.com may have, Phwoar.com may immediately and without notice suspend and/or terminate Your access to and/or membership of the Service in which case all monies owed by You to Phwoar.com shall become immediately due and payable. You will not be entitled to refund of monies paid and You shall not attempt to use the Service or rejoin as a Member.
7.4 This clause 7.4 applies to You only if You are a "consumer" as defined in
the Consumer Protection (Distance Selling) Regulations 2000. You may cancel
Your membership by giving Phwoar.com written notice within 7 working days of
You becoming a Member. Within 30 days of Your notice Phwoar.com will refund
credit card payments by credit card refund. However, this right of cancellation
does not apply after 7 working days of You becoming a Member. Regards the right
to cancel within 7 days. However if you choose to become a member and enter
the website you are electing to commence the service immediately and therefore
waive any right to cancel the service under these regulations.
7.5 These terms continue for so long as you are a Member. Even after termination of your membership the surviving provisions of these Terms will continue to apply notwithstanding termination.
8. Personal Data and Chat Room Rules
8.1 Personal Information collected from You is subject to Phwoar.com's privacy
policy.
8.2 You hereby acknowledge and agree that use by You of the chat room on the Website is subject to the chat room rules [Link].
8.3 The Website may contain links to third party websites. Phwoar.com does not endorse or recommend such websites and You must satisfy yourself that any goods or services referred to thereon are suitable for Your requirements.
9. IPR
9.1 As between You and Phwoar.com You acknowledge and agree that all IPR in connection with the Service shall be owned by Phwoar.com absolutely. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use any of the Website content in any way except for your own personal and non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of Phwoar.com.
9.2 You warrant and represent to Phwoar.com that the Information Posted in Your Personal Profile is Posted by You and that You are the sole author of Your Personal Profile. You grant Phwoar.com a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your Personal Profile and/or any Information you provide worldwide and/or to incorporate your Personal Profile and/or any Information you provide in other works in any media now known or later developed. You waive absolutely any and all moral right to be identified as author of Your Personal Profile and any similar rights in any jurisdiction.
9.3 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Information relating to the Service which may be disclosed to You or which You may learn, except where such Information is public knowledge or it is required to be disclosed by law.
10. Service
10.1 The Service is provided in its current form and Phwoar.com does not guarantee or warrant that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations. The Website is merely a forum for Members to Post Information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.
10.2 Phwoar.com does not:
10.2.1 guarantee or warrant that any of the Information provided in or via the Service is true, accurate and/or reliable and You rely on it at Your own risk;
10.2.2 have an opportunity to check that the profiles are correct and not misleading;
10.2.3 make any representation or warranty that the Information contained in any Personal Profile is accurate and Phwoar.com is not under any obligation to verify any Information contained in any profile.
10.3 Before acting on any Information contained in any Personal Profile or on any Information 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 Information. 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.
10.4 Due to the nature of the internet, Phwoar.com does not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service except that Phwoar.com will use its reasonable endeavours to rectify serious faults as soon as practical though not within any particular timescale.
10.5 Phwoar.com reserve the right to:
10.5.1 make changes to the Service provided that they do not have a material adverse effect on the quality of the Service; and
10.5.2 suspend the Service without notice for repair, maintenance or other technical reasons.
11. Liability
11.1 Phwoar.com shall have no Liability for:
11.1.1 any defect in the Service caused or contributed to by You and/or any other Member; and/or
11.1.2 if any monies owed to Phwoar.com by You have not been paid in full by the due date.
11.2 You shall give Phwoar.com a reasonable opportunity to remedy any matter for which Phwoar.com is liable before You incur any costs and/or expenses in remedying the matter Yourself.
11.3 You shall produce to Phwoar.com written evidence of any claims for which it is alleged that Phwoar.com is liable together with written details of how any loss was caused by Phwoar.com and the steps You have taken to mitigate the loss before Phwoar.com shall have any Liability for the claim by You.
11.4 Phwoar.com shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any Information Posted by other Members.
11.5 It is possible for other Users and/or unauthorised users to obtain and misuse Information about You as a result of Your use of the Service. Phwoar.com shall have no Liability to You arising out of any Member's and/or unauthorised User's misuse of Information Posted by You on the Service and/or to other Members. Without prejudice to the foregoing you may report abuse to us through the instructions on the Website.
11.6 Phwoar.com shall have no Liability to You for any consequential, special or indirect losses, economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or damage to or loss of goodwill, reputation or data.
11.7 Without prejudice to the foregoing, Phwoar.com's total Liability to You under and/or arising in relation to the Service for any one event or series of events shall not exceed the amount received by Phwoar.com from its professional indemnity insurers in connection with the breach concerned.
11.8 Nothing in these Terms shall exclude or limit:
11.8.1 Phwoar.com's Liability for death or personal injury due to Phwoar.com's negligence or any Liability which is due to Phwoar.com's fraud or any other Liability which Phwoar.com is not permitted to exclude or limit as a matter of law; and/or
11.8.2 any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
11.9 Phwoar.com shall have no Liability to You 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 Phwoar.com'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.
11.10 This clause 11 (and any other clause excluding or limiting Phwoar.com's liability) applies to Phwoar.com's directors, officers, employees, subcontractors, agents and affiliated companies as Phwoar.com as well as to Phwoar.com.
12. Indemnity
12.1 You agree to indemnify and keep Phwoar.com indemnified in full and forthwith on demand against any and all losses, claims, suits, damages, losses, lost profits, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), and any other losses and/or liabilities suffered by Phwoar.com and arising from and/or relating to Your use of the Service, Information and/or other material Posted on or via the Service by You and/or arising from or due to any breach of these Terms, any tortuous act and/or omission and/or any breach of statutory duty by You.
13. General
13.1 All third party rights are excluded and no third parties shall have any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.2 No waiver by Phwoar.com of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.3 These Terms contains the entire agreement between You and Phwoar.com. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.4 Phwoar.com may assign all or part of Phwoar.com's rights or duties under this Agreement; You may not do without Phwoar.com's prior written consent.
13.5 Unless otherwise stated in these Terms 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 an address specified on the Website.
13.6 These Terms are governed by and interpreted in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
PRIVACY POLICY
Phwoar.com is committed to ensuring that your privacy is protected. This Privacy Policy explains how we collect and use any Personal Information you provide to us, and how we safeguard the privacy of such information.
Dear User
Introduction
1. We want you to know that we respect the privacy of every user who visits www.phwoar.com ("the Website") and every user who makes an enquiry relating to the services available through the Website. We set out below what information we learn about you when you visit the Website, what we do with that information, and how you can change the information we have.
The Information We Collect
2. We do not collect any personal information from our Website visitors so you are free to visit our Website as often as you like without the need to register. The only condition is that all users of this site must agree to our Terms and Conditions and this Privacy Policy before using this Website.
3. Our Website uses software features known as "cookies", which are small pieces of data that are stored on your hard drive when accessing a website. They are akin to identity cards, and we may use them as follows:
(a) to allow us to know when users return to our website and which pages or services you access while there; and
(b) to gather information on an aggregate basis in order to identify the most popular areas of our Website and make it easier for users to access them.
4. You are encouraged to visit our Website and make enquiries in relation to our services. Where you submit an enquiry you will be required to submit to us your name, e-mail address, telephone number and mobile telephone number (together referred to as "Personal Information") and we may from time to time contact you by e-mail, short messaging service or telephone to discuss our services.
Disclosure of Information
5. Phwoar.com complies with and is registered under the Data Protection laws in the United Kingdom (see below). We take all reasonable care to prevent any unauthorised access to and use of your personal data.
6. Our staff and those working for our agents and contractors maintain a responsibility to keep your Personal Information confidential and will only use it to offer relevant products and services related to your enquiry.
7. If you submit any emails to us, we will keep a record of them and your Personal Information to help us keep track of any enquiries or complaints regarding our products and services and/or to allow us to fulfil our obligations.
8. Whilst any Personal Information that we use to provide or promote our products and services to you will not be passed to any third party organisation for marketing purposes, on occasion your details may be shared Phwoar.com approved contractors or agents, in order to inform you about relevant Phwoar.com products and services.
9. If you do not wish to receive this information from Phwoar.com or our associates or wish to delete Personal Information you have submitted through the Website please send an email to us at admin@phwoar.com
10. We reserve the right to disclose personal data to any third party which has a legal right to request such information.
11. If a third party acquires control or the business of Phwoar.com , we may transfer personal data we then hold to that third party.
Security of Data and Online Payment
12. We will provide the same protections in respect of any electronic communications received from you as those employed in respect of information received by post and telephone.
13. When our enquiry form asks you to enter your Personal Information, that information is protected with encryptions and firewalls, to protect the confidentiality and integrity of your information from unauthorised access and disclosure.
14. Our payment system is run for us by Worldpay which operates a secure server in the processing of credit/debit card payments. In connection with the performance of their duties, Worldpay may transfer your credit/debit card details outside the European Economic Area.
15. If you have any questions about the security of our Website please e-mail us at security@phwoar.com.
Data Protection Act (1998)
16. We are registered for the purposes of the Data Protection Act 1998, and make every effort to ensure that our systems and procedures meet the both the legal requirements and the best practice recommendations of the Act.
17. For more detail about your rights under the act, the rules we have to adhere to in collecting and storing your information, and how you can check your data records visit www.dataprotection.gov.uk.
18. You have a right to receive a copy of the information we hold about you by sending your request, together with an administration fee of £10 to Phwoar.com Limited, PO Box 714, Telford, United Kingdom, TF7 9BG.
Consent and Changes to the Privacy Policy
19. By using this Website you consent to our collection and use of your Personal Information as stated above.
20. If we need to change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the website to draw your attention to any change. Continued use of the Website will signify that you agree to any such changes.
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