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Terms & Conditions	TERMS AND CONDITIONS OF USE 1. Welcome and Introduction 1.1 Welcome to The Asian Introduction Agency LTD (referred to in the Terms and Conditions as asians4asians.com (“we” / “us” / “our” ) You must read and understand these Terms & Conditions before you access, view or register for our service. We advise that you read the Terms carefully. 1.2 Each time you visit our site or by registering with us you are agreeing to our Terms and Conditions. 1.3 These Terms & Conditions are liable to change at any time and are effective as soon as they have been posted on our site. We therefore recommend that you check our Terms & Conditions frequently. It is your responsibility to check for any changes to the original Terms & Conditions. 1.4 asians4asians.com is not an internet service provider and to use our service you must have internet access and all the necessary software, skills and know-how needed for e-mail and web usage. 1.5 If we remove our Basic Service, details of which are set out in paragraph 2.3 below, a Full Member may be entitled to a full or partial refund of their membership fee. Full details of the services are set out in paragraph 2.3 below. We can remove all or such part of our Discretionary Service either permanently or temporarily without making any refund. All services not described as Basic Services in paragraph 2.3 below are Discretionary Services, for example uploading photographs to a maximum space allocation of 1.0Mb. 2. Membership types 2.1 You must be 18 years or older to register as a member or to use the site. There are two types of membership, namely : • Full Members who are those persons who elect to pay the fee for a full yearly or 6 month membership • Standard Members who are those persons who do not pay a fee 2.2 Facilities for Full or Standard Members may alter periodically. For example, we may make features of our Standard membership available to Full Members only or vice versa. 2.3 Standard Members can access and browse our site and in addition they can • enter their names and other relevant [specified] details in the [contacts] page [profiles] pages and any other categories of page which appear on our service. This is a Basic Service. • receive emailed messages via the asians4asians.com internal email system which can be retrieved by logging into the site and using the email service we provide. An email will be sent to the email address contained in the “my profile” page notifying them of contacts made by full members. This is a Basic Service. • upload photographs to a maximum space allocation of 1.0Mb 2.4 Full Members can in addition: • send and receive email messages to both Full and Standard members. This is a Basic Service. • post to any message boards which may be available on the asians4asians.com service. • upload photographs to a maximum space allocation of 10Mb. This is a Basic Service. • use other services including the asians4asians.com chat room and the use of advanced searching tools. 3. Full Membership and Distance Selling Regulations 3.1 If you elect to become a Full Member and pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you promptly after payment of the fee. You will not be entitled to cancel your Full Membership within any cooling off period provided in the Consumer Protection Distance Selling Regulations 2000. 3.2 Details of the fee for Full Membership will be advised to you when you apply for Full Membership. 3.3 You can elect to be a Continuous Full Member or a Yearly Full Member. 3.3.1 Yearly Full Membership If you elect Yearly Full Membership you will need to renew it every 6 or 12 months if you wish to continue your membership. You will be notified 28 days prior to your membership renewal date. 3.3.2 Membership Fee changes We reserve the right to change the fee for Full Membership, the period covered by Full Membership and the non-Basic Services which are available to members from time to time. No changes will be effective until the member’s next renewal date, unless a Member agrees otherwise. 4. Registration 4.1 You will register for the service provided by us using accurate, correct and up to date information about yourself including your correct name, address and other information requested. 4.2 You will only add yourself to a location on the asians4asians.com service which you have either visited, are visiting or intend to visit in the future. 4.3 It is your responsibility to keep and maintain up to date and accurate information regarding your contact and location details, for example resort and transport details. 4.4 If you wish to use a debit or credit card, you agree that you are entitled to use it and that there will be sufficient funds to cover the charges to be debited. 5. Privacy Use of the asians4asians.com website is governed by our Privacy Policy which forms part of this Agreement. 6. Other Services asians4asians.com may offer other services periodically, which may be governed by additional terms and conditions which you must comply with. We will notify you of any additional terms and conditions in an appropriate manner. 7. Operation of our Services We may, at our discretion, withdraw or alter certain elements of our services where there are legal or operational reasons for doing this, including technical difficulties experienced by us or with the internet itself. There may also be times when our service is unavailable. We may require you to change your password for various reasons, including security. There will be no refund of Full Members’ fees nor will we accept any liability for the lack of availability, the alteration or withdrawal of our service. 8. Mis-use of our service 8.1 Whatever your membership type or even if you are simply visiting our site, you acknowledge and agree that we accept no responsibility for the behaviour of Members, whether on the site or outside of it. We do not check material supplied by our Members and our service is to provide an outlet to access information supplied by Members. 8.2 Every Member is responsible for all acts carried out through our service, where the membership account of that Member is logged onto the service or through any of their email addresses. 8.3 We have the right to terminate or suspend any Member’s access to our service or any part of it and/or to require any Member to edit, alter or withdraw any material posted on our site, if the material appears to us to be in breach of any provision of this Agreement or is abusive, threatening or discriminatory. 8.4 Any person whose Membership is terminated or suspended must not register again for membership of any kind, either directly or indirectly without our consent. 9. Restrictions: We have set out in paragraph 2 the purpose for which members use our service. It will therefore be a breach of the Terms of this Agreement if a Member :- • places any information or material on the site for business or commercial purposes; • uses access to our service and information on our site for the purpose of unsuitable bulk emails. • Includes any information on our site including, but not limited to emails addresses, telephone numbers, postal addresses which are calculated to facilitate direct contact. 10. Fees:- 10.1 We will not rebate or give any refund, partial or otherwise, except if we totally withdraw our Basic Service as described in paragraph 2 or if the service of asians4asians.com ceases. In that event a Member may receive a pro-rata rebate for the balance of period of Membership remaining in any year of Membership or such other rebate as we shall in our absolute discretion determine. 10.2 Any Member whose Membership is terminated or suspended by us in circumstances set out in paragraph 8, will not be entitled to a rebate under any circumstances. 10.3 You acknowledge that we have the right to alter the amount of our fees or the way they are calculated. In that event the amount or the basis for it will be clearly set out before any fees are taken for the service or before any renewal. 10.4 We may add new or additional services periodically which may involve payment of fees either to us or to a specified third party. The terms of such service will be supplied to you at the time you request such service. 10.5 Confirmation of your registration and receipt of your fee will be sent to you electronically. It is your responsibility to ensure that the email address we hold is up to date and that you have access to it. Any change of email address should be given to us by or through the “My Details” pages. We cannot guarantee delivery of any email to you if your email address is incorrect or there are restrictions on the use of your email facility. 11. Intellectual Property:- 11.1 All copyright, design rights, trademarks and other intellectual property rights in or relating to our service, including material submitted by members, belongs to us. 11.2 No-one may copy, distribute, display in public or create any derivative work from our service or any material which appears on our service or site unless it is licensed by us. 11.3 By posting contents to our service, you automatically grant and represent to us that you have the right to do so and that you are granting us a non-exclusive royalty free perpetual and irrevocable Licence to use, copy and display such material in any way we choose and you hereby give us permission to adopt or alter the relevant material. You are also waiving your moral rights to any derogatory treatment of the material or to be identified as the author of the material in question. 12. Your responsibilities and our rights in relation to material supplied by you: 12.1 It is your responsibility to ensure that no material or activity or comment that you post to us, either electronically, by machine or otherwise, in connection with our service, either:- 12.1.1 infringes any Intellectual Property rights of any other person or other legal entity; 12.1.2 breaches any or all applicable laws and regulations 12.1.3 appears to be offensive, threatening, discriminatory, obscene, false or misleading; 12.2 If any Member or user of our site becomes aware of any material on our site which appears to infringe any term of this agreement, they should notify us by email or by using the Report Abuse facility. 13. Disclaimer and reliance 13.1 We have no control over or responsibility for the truth or accuracy of any material available on our service. 13.2 You should use caution and common sense when using our service. 13.3 You are solely responsible for your interaction with other members and your use of our service is entirely at your own risk. 13.4 To the maximum extent that the law permits, you release us from all claims, demands and damages (actual and consequential) including but not limited to loss of profits, loss of data or loss of business of every kind known or unknown, howsoever caused and whether arising out of any dispute between any member or third party, or as a result of the use of our service, or as a result of any material supplied by a Member or third party, or as a result of the use of a third party site or as a result or negligence by us or breach of this agreement or otherwise. 14. Withdrawal of material 14.1 You acknowledge and agree that we have the right to withdraw any material on our service which may be capable of breaching any part of this Agreement or which brings our service into disrepute. 14.2 We may do this on the basis of information supplied to us by other Members or persons or through our own investigation. 14.3 We do not generally monitor material posted on our site. 15. Liability and limitation on liability 15.1 We will not be liable for any loss to the fullest extent permitted by law for any indirect or consequential loss, including loss of profit, loss of data or loss of business, howsoever caused and whether through any act or any negligence or breach of contract or otherwise. 15.2 We will not be liable for any failure to perform obligations under this Agreement caused as a result of circumstances beyond our reasonable control. 15.3 Without limiting the provisions of paragraphs 13.4, 15.1 and 15.2, the maximum liability we may have under this Agreement for any cause whatsoever and regardless of the form, the action will at all times be limited to the amount paid, if any, by any member to us during the 6 or 12 month period prior to when any liability arises. 15.4 Nothing in this agreement limits our liability for death or personal injury caused as a result of our negligence. 16. Indemnity You agree to indemnify and hold us harmless from any loss, liability, claims or demands, including reasonable legal fees arising out of any breach of this agreement by you. 17. Assignment 17.1 We may assign this Agreement or sub-contract any or all of our rights and obligations under this Agreement. 17.2 You have no right to assign or transfer or otherwise dispose of this Agreement. 18. Entire Agreement This Agreement (including our Privacy Policy) contains the whole of the Agreement between us. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of this Agreement. 19. Changes to Agreement 19.1 We reserve the right to change the Agreement and to post the new version of our Terms & Conditions of our service. We will do this by notifying Members on our main screen that there are changes of Terms & Conditions. Our website address is www.asians4asians.com and we will post any new Agreement there. 19.2 Any new version will come into effect immediately. If you object to the change, you can choose to be bound by the previous Terms & Conditions until your next renewal date or Full Membership or one month after the date we post the new version, if you are a Standard Member. 20. Severability If any Court holds that any term of this Agreement is invalid or unenforceable, the remaining terms shall remain valid and enforceable. 21. Law This Agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English Courts. 22 Our full name is: The Asian Introduction Agency LTD 22.1 Registered Address 30c Northbrook Road Ilford Essex IG1 3BS
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