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