Last Update Date: 28/01/2010
SOUL ALERT - TERMS AND CONDITIONS OF SERVICE (TCS)
DEFINITIONS:
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Users to access Content on The Website that is only accessible after the creation of an Account;
“Affiliate” means any third party who uses the Serviceto provide their own products or Services, either directly on this Website or via links to other websites;
"Classifieds Section" means the section of The Website where adverts can be listed for the stipulated categories;
“Content” means any text, graphics, images, audio,video, software, data compilations and any other form of informationcapable of being stored in a computer that appears on or forms part ofthis Website whether Subscribed for or free;
“Forum” means the Discussion Forum, sometimes referredto as Discussion Boards. This section of the Website is where Userscreate topics of discussion and respond to these via messages;
“Member” means the individual that creates an Account;
“Member Profile” means a free profile created by a Member;
“Payment” means any one-off sum of money paid to Soul Alert for any Services or products provided;
“Practitioner Member” means a Member who pays aSubscription Fee for a Practitioner Profile, which allows him/her tosell the Services he/she offers by way of the fields provided withinthe Practitioner Profile pages;
“Practitioner Profile” means a profile created by a practitioner for which payment is required to be made;
“Rights” means copyright, database rights, trademarks, design rights and other intellectual and proprietary rights ofwhatever nature, anywhere in the world;
“Service”/”Services” means collectively any onlinefacilities, tools, Services, products or information that Soul Alert makes available through The Website, either directly via Soul Alert or Affiliate links either now or in the future;
“Soul Alert” means Soul Alert, the owner of thesite whose address is: Soul Alert, Suite 316, 226 Maddison House,High Street, Surrey, CR9 1DF, UK;
“Subscribed Content” means Content accessible only upon the creation of an Account;
“Subscription Fee” means the sum of money paid by the Member to access certain chargeable Services;
“Subscription Period” means the period for which a subscription has been purchased;
“System” means any online communicationsinfrastructure that Soul Alert makes available through The Websiteeither now or in the future. This includes, but is not limited to,web-based email, the Forum, blog, facilities and creating a profile;
“User” / “Users” means any third party that accesses The Website;
“TCS” means the Terms and Conditions of Use, ie this document and our Privacy Policy
“The Website”/”Website” means the Website that you are currently using, ie www.soulalert.com, www.soulalert.co.uk or www.soulalert.net and any sub-domains of these sites unless expressly excluded by their own Terms and Conditions of Service.
This agreement applies as between you the User of The Website and Soul Alert, the owner of this Website.
By using The Website or the Services offered via TheWebsite, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS OFSERVICE AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. Please readthese TCS carefully. We have created them to protect you and to ensurethat The Website is safe and enjoyable for everyone.
If you do not agree to these TCS, please do not enter The Websiteorregister as a member or subscribe to our newsletters or anysubscription based services.
CONTENTS
1. Acceptance of Terms and Conditions of Service
2. Amendments
3. Registration
4. Password and Security
5. Privacy Policy
6. Your use of The Website
7. Intellectual Property
8. Third Party Websites, Goods and Services
9. Disclaimer of Warranties
10. Limitation of Liability
11. Subscriptions
12. Remedies
13. Assignment
14. No Waiver
15. Headings
16. Law and Jurisdiction
1. Acceptance of Terms & Conditions
1.1 The Website is provided to you by Soul Alert under these TCS.These TCS govern your use of The Website (whether you are a User,Member or an Affiliate) and govern the Services provided to you by TheWebsite, including but not limited to, access to Forum message boards,use of any email accounts, and other features and Services such asMember Profiles.
1.2 Accessing The Website from territories where your access to it isprohibited or where such Service (or any part thereof) is consideredillegal or unlawful is not permitted under these TCS. Accessing TheWebsite from locations outside the United Kingdom means you areresponsible for compliance with all applicable local laws.
2. Amendments
2.1 We reserve the right to amend these TCS from time to time withoutnotice to you. Please check the TCS periodically to see whether achange has been made to them. We may (at our discretion) give younotice of such changes to any email address you have provided to us. Ifyou do not agree with any change in these TCS, please discontinuefurther use of The Website. Your continued use of The Website willsignify your acceptance of any change(s). .
2.2 Soul Alert may modify or discontinue The Website with or withoutnotice to you and without liability to you or any third party.
3. Registration
3.1 Although portions of The Website may be viewed by anyone who visits The Website you will need to register as a member in orderto access some of The Website’s Services including the Forum messageboards and other content.
3.2 When you register with us you are stating that you are over 18 years of age.
4. Password and Security
4.1 When you register to use The Website you will be asked to create a password. You must keep this password confidential and mustnot disclose it to or share it with anyone. You are responsible for all activities that occur under your password. If you know or suspect thatsomeone else knows your password you agree to notify us immediately at info@soulalert.com
4.2 If you forget your password please click here or contact us at info@soulalert.com and we will be able to remind you of your password if you satisfy our security checks.
5. Privacy Policy
5.1 We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collectfrom you or that you provide to us. Personal and certain otherinformation about you is subject to our Privacy Policy. As a conditionof using the Service you agree to the terms of the Privacy Policy whichmay be changed from time to time. Our Privacy Policy forms part ofthese TCS. All use of your personal information will be in accordancewith our Privacy Policy and applicable data protection legislation.Please see our Privacy Policy here.
6. Your Use of The Website
6.1 While we require all users of The Website to comply withthese TCS (including the standards below), you understand that, byusing The Website, it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see a messagewhich you believe breaks the following standards please report it to usimmediately using the ''Report This Message’ link at the bottom of thepost. All reports are reviewed as soon as possible during normal officehours.
6.2 Soul Alert does not read every message posted on the Forum messageboards, nor does it monitor all content provided via Member profiles,and, as such, we do not guarantee the accuracy, integrity or quality ofsuch content.
6.3 The views expressed on our message boards are not those of Soul Alert.
6.4 When using The Website, you agree to comply with the following rules and standards:
6.4.1 You alone are responsible for the content of your messages andyour use of The Website and the consequences of any such messages.
6.4.2 The Website is to be used by you for your personal use only anduse of The Website for commercial purposes or to obtain financial gainare strictly prohibited without Soul Alert’s prior written consent.
6.4.3 You may not post to The Website, or use The Website to publish,send or distribute any message or material (in any media or form) thatis unlawful, harassing, defamatory, abusive, threatening, harmful,ageist, vulgar, obscene, profane, threatening, racially or sexually orotherwise discriminatory, offensive, inaccurate, is in breach ofconfidence or a third party''s intellectual property rights or whichotherwise includes objectionable material of any kind or nature, thatencourages or engages in conduct that could constitute a criminaloffence, give rise to civil liability or otherwise violate anyapplicable local, national or international law or regulation or whichhas a disruptive influence on the normal flow of a message board.
6.4.4 It is recommended that posts on the Forum message boards, chatfacilities or similar and communications with Soul Alert are madeusing the English language as we may be unable to respond to enquiriessubmitted in any other language;
6.4.5 The means by which you identify yourself must not violate these TCS or any applicable laws;
6.4.6 You must not engage in any form of commercial advertising exceptin so far as to create a profile for which Soul Alert requires payment,including, but not limited to, a Practitioner Profile.
6.4.7 You must not impersonate any other person, whether actual or fictitious
6.4.8 You must not create any member names which mimic or impersonatea Soul Alert member of staff, Forum Moderator, Forum Leader or othermember of The Website.
6.4.9 You must not use The Website or any part of The Website in a waythat might reasonably be expected to cause the same to be interrupted,damaged, rendered less efficient or which could in any way damage theoperation of another''s computer.
6.4.10 You will not harass or intimidate any member of The Websiteeither on a message board or via email communication, by telephone, orvia any other communication facility.
6.4.11 You must not post or use any part of The Website to distributeor send any illegal material of any kind, including but not limited to,illegal material in the form of text, graphics, video, programs oraudio. Posting content or participating in any form of discussion withthe intention to commit any illegal activity is strictly prohibited.
6.4.12 Soul Alert reserves the right in its absolute discretion at anytime with or without notice to edit, alter, delete or move anymaterial whatsoever posted to, appearing on or distributed by TheWebsite and you. Soul Alert will not enter into any discussions aboutits decision to edit, alter, delete or move such material.
6.4.13 Soul Alert may at any time, and without prior or post warning,close discussions on message boards as it feels appropriate. Nodiscussion will be entered into.
6.4.14 In the event of uploading photographs you agree: (i) you are 18years of age or over; (ii) you have reviewed and agree to comply withthese TCS; (iii) you have the rights necessary to authorize Soul Alertto copy, distribute, adapt, display, perform and otherwise use thephotograph, and you hereby grant such authorization; (iv) theindividual depicted in the photograph is 18 years of age or over, oryou have obtained the consent of the individual''s parent or guardian,and such individual has consented to the photograph being made publiclyavailable in connection with The Website; (v) the photograph has notbeen modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the photograph; (vi) the photograph does not contain any personal information such as a name, phone numberor email address; and photographs of groups or offensive materials maynot be posted. Soul Alert reserves the right in its sole discretion toremove or not post any photograph, for any reason. Also, youacknowledge that Soul Alert requires that any submitted photographshould not contain potentially offensive materials. Materials submittedto The Website will not be returned to the submitting party and SoulAlert has no obligation to inform you of any decision to remove or not post such materials.
6.4.15 You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”;
6.4.16 You acknowledge that Soul Alert reserves the right to monitor any and all communications made to us or using our System.
6.4.17 You acknowledge that all Content is the sole responsibility ofthe person from whom such Content originated and Soul Alert does notguarantee the accuracy, integrity or quality of such Content
6.4.18 You acknowledge that Soul Alert may refuse to publish on TheWebsite any Content in its sole discretion and may also remove any Content without notice.
6. 4.19 You acknowledge that all information you submit is accurate andtruthful; and that you will keep this information accurate andup-to-date; and
6.4.20 When choosing your Username you are required to adhere to theterms set out in this Clause (Clause 6). Any failure to do so couldresult in the termination of your Account.
6.4.21 You must not interfere with or disrupt the Service or serversor networks connected to the Service to retrieve or index any portionof the Service or collect information about users for any unauthorized purpose
6.4.22 You must not transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature to the Service
6.4.23 You agree to describe truthfully and accurately any items,products, holidays or Services, whether for sale or barter, that youlist within the Classifieds Section.
6.4.24 You agree that if you have paid a Subscription Fee for aPractitioner Profile and then wish to downgrade to a Member Profile, norefund will be given for any outstanding Subscription Period.
7. Intellectual Property
7.1 The Website, its contents and all Rights therein are owned by Soul Alert (and/or its licensors). You acknowledge that (i)The Website is protected by Rights; (ii) these Rights are valid andprotected in all media and technologies existing now or laterdeveloped; and (iii) except as explicitly provided otherwise, these TCSand applicable copyright, trademark and other laws govern your use ofsuch Rights.
7.2 Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by anypermission granted by Clause 6 and this Clause (Clause 8) of these TCSto use Content from The Website. Any such Content will be accompaniedby a notice providing the contact details of the owner and any separateuse policy that may be relevant.
7.3 You may view, print, download or temporarily store extracts fromThe Website for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy,reproduce, retransmit, distribute, publish, commercially exploit orotherwise transfer any of The Website material or content. Youacknowledge that you will not acquire any Rights by downloading orotherwise using any of The Website content or materials.
7.4 You may not copy Content from The Website with a view to creating or compiling any form of comprehensive collection, compilation,directory or database unless given express written permission to do soby Soul Alert.
7.5 By submitting content, which shall include your member name, to any "public area" of The Website, including the Forum, any chat roomsand email capabilities, you grant Soul Alert and its Affiliates aroyalty-free, perpetual, irrevocable, non-exclusive right and licenceto use, reproduce, modify, adapt, publish, translate, create derivativeworks from, distribute, communicate to the public, perform and displaythe content (in whole or in part) worldwide and/or to incorporate it inother works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in suchcontent. You also permit any member to access, display, view, store andreproduce such content for personal use.
7.6 By submitting content, you also warrant that you are entitled andhave all necessary rights to grant the licences stated above. Subjectto the foregoing, the owner of such content placed on The Websiteretains any and all Rights that may exist in such content.
8. Third Party Web Sites, Goods and Services
8.1 The Website may provide links to third party websites that are not affiliated with and are not under the control of SoulAlert (although Soul Alert branding may appear on these sites). SoulAlert assumes no responsibility for the content of such Websites anddisclaims liability for any and all forms of loss or damage arising outof the use of them. The inclusion of a link to another site on thisWebsite does not imply any endorsement or recommendation of the sites themselves or of those in control of them. We make no representationsas to the quality, suitability, functionality or legality of any sitesto which we may provide links or any goods or Services available fromsuch sites.
8.2 All matters concerning any goods and Services that you purchase from a third party site, including without limitation all contractterms are solely between you and the owner of that site and Soul Alertwill not be liable for any costs or damages to you or any third partyarising directly or indirectly out of any third party website. Youhereby waive any claim you might have against Soul Alert with respectto any such sites.
8.3 Subject to the terms of our Privacy Policy, third parties may,from time to time, send email messages to you containingadvertisements, promotions, etc. Soul Alert makes no representation orwarranty with respect to the content of any email messages sent bythird parties or any goods or Services which may be obtained from suchthird parties as a consequence of these emails, and you agree that SoulAlert shall have no liability with respect thereto.
9. Disclaimer of Warranties
9.1 The Website is provided on an "as is" and "as available"basis. Soul Alert expressly disclaims all warranties or representationsof any kind, express or implied, to the fullest extent permitted bylaw. Soul Alert gives no warranty that the Service will be free ofdefects and / or faults. To the maximum extent permitted by the lawSoul Alert provides no warranties (express or implied) of fitness for aparticular purpose, accuracy of information, compatibility and satisfactory quality.
9.2 You understand and agree that Soul Alert does not guarantee theaccuracy or completeness of any information in or provided in connection with The Website. Soul Alert is not responsible for anyerrors or omissions or for the results obtained from the use of suchinformation. Whilst The Website is provided for the general informationof the general public, all information is provided on the basis thatneither Soul Alert, its employees or consultants or its Members, whilesuch Members are participating in The Website, are engaged in renderinglegal, medical, or professional Services or advice. In the case of those Members who have purchased a Practitioner Subscription, theservices listed by these Practitioner Members are so listed at theirown discretion and risk. And any Members of The Website who enlistssuch services from Practitioner Members does so at their their owndiscretion and at their own risk.
9.3 Soul Alert shall not be responsible for any loss or damage causeddirectly or indirectly, by the information or ideas contained,suggested or referenced on The Website. Your participation in TheWebsite is solely at your own risk. No advice or information, whetheroral or written, obtained by you from Soul Alert UK or through TheWebsite shall create any warranty not expressly made in these TCS orimposed by law.
9.4 Soul Alert makes no warranty that the The Website will meet yourrequirements, or that the The Website network will be uninterrupted,timely, secure, or error free.
9.5 You understand and agree that any material and/or data downloadedor otherwise obtained through the use of The Website is at your owndiscretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
9.6 Soul Alert makes no warranty or representation that The Websitewill be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that itwill be compatible with all systems, or that it will be secure.
9.7 Whilst every reasonable endeavour has been made to ensure that allinformation provided on this Website will be accurate and up to date,Soul Alert makes no warranty or representation that this is the case.
9.8 No part of this Website or any communications by email, Forummessage boards, any live chat facilities or otherwise from Soul Alert,Members or Users is intended to constitute professional or medical advice and the Content of this Website and any such communications mentioned above should not be relied upon when making any decisions ortaking any action of any kind. Soul Alert does not make any warranty asto any specific results that may be obtained from the use of TheWebsite or its Services. Soul Alert advises you to seek appropriateprofessional advice or care for any situation or problem which you mayhave, especially where medical or professional advice is advisable. If any User or Member is suffering from any psychological or mentalailment, condition or illness Soul Alert is not responsible for helpingthem to improve their condition.
9.9 Whilst every effort has been made to ensure that all descriptionsof Services available from Soul Alert correspond to the actual Services available, Soul Alert is not responsible for any variations from these descriptions.
9.10 Soul Alert shall not be liable for any failure in the performanceof any of its obligations under these TCS of Use caused by factorsoutside its control and in particular Soul Alert accepts no liabilityfor any disruption or non-availability of The Website resulting fromexternal causes including, but not limited to, internet Serviceprovider equipment failure, host equipment failure, communicationsnetwork failure, power failure, natural events, acts of war or legalrestrictions and censorship. If such circumstances continue for a continuous period of more than 6 months Soul Alert or the Member may terminate the Account by written notice to the other and if terminatedby the Member Soul Alert shall refund to the Member any unusedSubscription Fee paid in advance.
10. Limitation of Liability
10.1 Except as required by law, Soul Alert shall not beliable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each caseregardless of whether such losses or damages arise in the normal courseof events or whether Soul Alert has been advised of the possibility ofsuch damages.
10.2 Soul Alert will not be liable for any such losses or damageswhether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including withoutlimitation the use or the inability to use The Website, or messagesreceived, or transactions entered into through The Website, orresulting from unauthorized access to or alteration of yourtransmissions or data.
10.3 Soul Alert ’s liability for any direct or indirect loss or damage,foreseeable or otherwise, including any indirect, consequential,special or exemplary damages arising out of our breach of these TCSshall be to the value of any Member’s Subscription Fee whereapplicable. For all other direct or indirect loss or damage,foreseeable or otherwise, including any indirect, consequential,special or exemplary damages arising from:
(a) the use of The Website;
(b) any information contained therein;
(c) the reliance on any recommendation or advice given by Soul Alert in any communications by email, message boards, live chat facilities orotherwise Soul Alert accepts no liability. Users and Members should beaware that they use The Website and it’s Content at their own risk.
10.4 Whilst every effort has been made to ensure that these TCS adherestrictly with the relevant provisions of the Unfair Contract Terms Act1977, in the event that any of these terms are found to be unlawful,invalid or otherwise unenforceable, that term is to be deemed severedfrom these TCS and shall not affect the validity and enforceability ofthe remaining TCS. This term shall apply only within jurisdictionswhere a particular term is illegal.
11. Subscriptions
11.1 Any subscription charges commence on the date that the Member pays and activates his or her Subscription Fee and this fee clears.
11.2 Your payment will be at the price stated from time to time on The Website and Soul Alert reserves the right to change prices at any time.
11.3 If the Member terminates his or her Subscription Fee or Account that Member will continue to have access to their Account for the remainder of the current Subscription Period until the renewal dateafter which access will cease unless the Member chooses to pay theSubscription Fee and reactivate his or her Account.
12. Renewal and Termination
12.1 Notwithstanding anything else contained herein, your Account maybe automatically renewed on each anniversary date unless you givenotice to Soul Alert by email that you do not wish to renew your Account at the end of the current Subscription period.
12.2 Soul Alert may terminate your Account forthwith by notice inwriting if you have breached these TCS. In the event of such termination you will not be entitled to any refund of any SubscriptionFee and you will cease to have access to Subscribed Content from thedate of termination.
13. Assignment
13.1 Soul Alert may at its absolute discretion assign or sub-contract any or all of the Service provided to you under these TCS.
14. No Waiver
14.1 In the event that any party to these TCS fails to exercise anyright or remedy contained herein, this shall not be construed as awaiver of that right or remedy.
15. Headings
15.1 The headings to clauses in these TCS are inserted for ease of reference only and shall not affect the construction of these TCS
16. Law and Jurisdiction
16.1 These TCS and the relationship between you and Soul Alert shall be governed by and construed in accordance with the laws of England andWales and Soul Alert and you agree to submit to the exclusivejurisdiction of the Courts of England and Wales.
