the missing Link
TERMS AND CONDITIONS
By subscribing to the
missing Link business network you accept
that you are entering into a contract with Missing Link International Ltd on
the terms of this Agreement.
1
GENERAL
the missing Link business network (the Network) is made available by Missing
Link International Ltd (MLI) whose
registered office is at White House Farm, Dry Sandford Oxon OX13 6JR.
Membership of the Network is subject only to the following terms and conditions
and the Client agrees that this Agreement supersedes all previous
communications, representations and arrangements, either written or oral,
between MLI and the Client and that this Agreement shall be construed and
governed by English Law and subject to the exclusive jurisdiction of the
English courts.
2 INTRODUCTION
Under this Agreement MLI agree to arrange and host business
networking meetings at different locations and provide access to the Missing
Link website (the Website) for Network members.
3
MEMBERSHIP AND FEES
3.1
Membership
of the Network is available to individuals and groups on an annual basis. There
are available two types of membership – Individual and Group - and three options for meetings available – Unlimited,
Carnet, and Pay As You Go. The membership fees (Fees) associated with each of
these types of membership and meeting options are available upon request from
MLI and are subject to review from time to time as deemed appropriate by MLI,
who will notify you of any changes to the Fees in writing.
3.2
Membership
allows the subscriber (the Client) access to the Network, subject to the type
of membership taken, for a period of one year from the date of subscription.
The date of subscription is the date on which MLI receive payment of the Fees.
3.3
MLI
reserves the right to refuse membership at its discretion. Existing membership
does not constitute a right to automatic renewal of membership at the end of
each 12 month period.
4 PAYMENT TERMS
Payment may be made either in a single payment or in
instalments on a quarterly or monthly basis. The Client agrees to pay the full
annual Fees whichever payment method is chosen. In the event that the Client
terminates membership early without prior agreement from MLI, then MLI shall be
entitled to claim full reimbursement of any outstanding Fees due.
5 USE OF THE
WEBSITE
MLI agree to make the Website available to the Client using
reasonable skill and care in accordance with this Agreement’s provisions. By
using the Website the Client agrees to be bound by the following:
5.1 Upon
payment of the Fees the Client will receive a personal access code. This code is for the Client's use only and
MLI may monitor the use of the code to ensure that access to the Website is not
being abused.
5.2 The
Client agrees to use the Website in a proper and responsible manner and only
for the purposes for which it is intended
5.3 MLI
bears no responsibility for the Client's misuse of the Website or for failure
to use it for whatever reason
5.4 MLI
does not guarantee to provide continuity of service. Continuity of service on
the internet is beyond our control.
6 ADVERTISING ON THE WEBSITE
The Client may place or respond to advertisements on the
Website subject to the following provisions:
6.1
The
Client ensures that the contents of advertisements and messages are accurate
and are not libellous, slanderous, obscene or malicious and they conform to all
applicable laws.
6.2
The
Client has all necessary rights and permissions to place any advertisement or
announcement (and that it is not, for example, in breach of anyone's trade mark
or copyright) and that all data regarding the Client is accurate and is not
misleading.
6.3
The
Client agrees to indemnify MLI fully and effectively against any loss we may
suffer (including legal fees) if an advertisement breaches clauses 5.1 and 5.2
above. Should the Client be in breach of any of these terms MLI reserve the
right to suspend or cancel his access to the Website. Should the Client have
cause to complain about any other subscriber to the Website please contact MLI
and provide MLI with appropriate details.
6.4 Unless
agreed specifically in writing otherwise, MLI do not guarantee that any
specific advertisement or announcement will be published or available on any
specific date or dates. MLI may decline to publish or remove any advertisement
for any lawful reason without giving reasons.
6.5 The Client is entirely responsible for any
advertisement placed or activated on the Website through the use of his
password and shall be liable for it in every respect. It is the Client's
responsibility to ensure that only authorised people access the system on his
behalf and using his access codes.
6.6 MLI may
vary these terms and conditions from time to time to reflect changing law and
the nature of business on the internet. The terms and conditions which apply
are the terms and conditions which are in force at the time a specific
advertisement is submitted for publication. The Client is advised to check to
see whether the terms have been changed or retain any written notification from
MLI.
7 TERMINATION
7.1
Either party may terminate this Agreement
forthwith if the other party commits any serious breach of its obligations and
fails within fourteen (14) days of written notice to remedy the breach.
7.2
The Client may give MLI thirty (30) days
notice to terminate should there no longer be a requirement for membership of
the Network. In the event of such early termination the Client will be liable
to reimburse MLI for any outstanding Fees due.
8 INTELLECTUAL
PROPERTY RIGHTS
All the intellectual property rights in the Website are the
property of MLI or the property of our licensors. The Client may not use or
copy any material or information except to the extent necessary in order to
access the Network or to purchase goods or services offered by persons on the
Website (Sellers).
9 DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY
9.1
All
purchases of goods or services which the Client makes via the Website are
contracts between the Client and the relevant Seller and will be subject to the
specific terms and conditions agreed between the Client and that Seller. MLI
will not be a party to any sales and purchases of goods or services made by the
Client using the Website and we merely provide the venue for the transactions
to take place. MLI shall have no liability for any disputes between the Client
and any Seller from or arising from use of the Website.
9.2
MLI shall not be liable for or guarantee any
marketing or other information on the Website and shall not be liable for or
guarantee any goods or services sold by Sellers using the Website and any
errors or defects in any goods or services sold to the Client using the Website
in any way whatsoever.
9.3
The Network and any information provided to
the Client by MLI are provided "as is". MLI give no warranty that the
Website or any information we have placed on the Website is error-free. The
Client assumes all risk for using, and for any results obtained, or liability
incurred, by or as a result of using the Website. MLI do not guarantee or
accept any liability for any links from the Website to other web sites or for
any information on other web sites to which the Website is linked.
9.4
MLI does not guarantee the prevention of the
loss of, alteration of, or improper access to the Client's information or
computer system. MLI are not responsible for invalid destinations or
transmission errors in, corruption of, or the security of the Client's
information on the Website or carried over any telecommunications or data communications
facilities.
9.5
MLI are not liable for any claim that the
Client's use of the Website or of any program, material, information or
products infringes any third party's intellectual property or other rights.
9.6
Except in respect of injury, including death
to a person, due to negligence for which no limit applies, any liability
resulting from a failure by MLI under this Agreement is limited to the total of
the Fees paid by the Client.
9.7
In no event are MLI liable for any damages
arising from any cause beyond our control.
9.7
MLI is not liable for any of the following,
whether arising because of our negligence, breach of this Agreement, or in any
other way:-
(a) loss
of profits, business or anticipated savings, loss of goodwill, lost or wasted
management time or the lost time of other employees;
(b) loss
of use or destruction of data;
(c) any
indirect, special, incidental or consequential loss or damage; or
(d)
any
claims against you by any other party; whether direct or indirect even if we
have been advised of the possibility of that loss or damage arising.
9.8
Except as expressly set out in this Agreement
all warranties, representations, terms, conditions or undertakings whether
implied by statute, common law, custom, trade usage, course of dealing or
otherwise (including any implied warranty, representation, term, condition or
undertaking of satisfactory quality or fitness for a particular purpose) are
hereby excluded.
© Missing Link
International Ltd - Revised Feb 2005