Article 1.
Introduction
1.1 This website is owned and operated by Whymakeitcomplicated.uk. You can contact us at the following postal address: TBC.
1.2 Please read these T&Cs carefully. These T&Cs are valid as from 22/02/2015, these terms and conditions cancel and replace any terms and conditions previously agreed to, even if the latter have not been expressly withdrawn or amended. By registering as a Member or using the Services, you agree to be bound by these T&Cs. If you do not accept them in full, you must not register as a Member nor use the Services.
1.3 If you are a consumer your statutory rights are not affected by this agreement.
Article 2.
Definitions
FAQs
the frequently asked questions on our Site
Member
a validly registered user of the Services, whether paid or unpaid
Member Content
information published by Members on the Services, or sent by Members to other Members through the Services, including profiles, personal ads, messages, chat, videos, photographs, sound
Paid Services
all Services which Whymakeitcomplicated.uk makes available to Members with a valid Pass or otherwise on payment of a fee
Pass
a paid fixed rate giving unlimited access to Paid Services for a specified period
Site
our website at www.whymakeitcomplicated.uk or such other website as we may use to provide the Services from time to time
Services
the group of services made available by whymakeitcomplicated.uk, the purpose of which is to facilitate non sexual male company to social/private functions between individuals, for personal, leisure and non-business purposes.
T&Cs
these terms and conditions
User
means any person who uses the Services
Article 3.
Registration and use of Services
3.1 You are not eligible and must not apply to become a Member if you are under 18 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. (Any breach of this clause is a serious breach of this agreement.)
3.2 We reserve the right in our discretion to refuse any application to become a Member. You shall not become a Member until you receive email confirmation from us.
3.3 You will ensure that all contact and payment information (e.g. email and postal addresses, credit card numbers) which you provide us are accurate and not misleading and that you will update them so that they remain so.
3.4 The equipment (including computer, software, telecommunications systems) used to gain access to Services shall be the responsibility of the User as shall the telecommunications or other costs incurred by their use.
3.5 We may deactivate accounts of Members who have not used the Services for twelve months or more and for whom no Pass remains valid. This twelve month period begins on the date that the last Pass expired.
Article 4.
Safety and Security
4.1 We do not advise on or broker sexual relationships with our escorts. Nor do we provide internet access or an electronic communication service to the public.
4.2 We will do our utmost to verify the identity of persons who register as escorts or use our Services. We do reserve the right to monitor communications if we think it appropriate. We will also do our utmost to ensure our escort information is accurate.
4.3 When arranging to meet one of our escorts through use of the Services, you must take appropriate precautions and follow the safety guidelines in our FAQs. Whymakeitcomplicated.uk are aware of the importance of our clients and escorts safety.
4.4 You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
4.5 We are not liable if your identity is used by someone else.
4.6 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password, using the Services.
Article 5.
Member Obligations
5.1 You agree that you will not:
5.1.1 in connection with the Services breach any applicable law, regulation or code of conduct;
5.1.2 publish or send any Member Content or communications to us which are false or misleading (and you agree to update Member Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s’ privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing;
5.1.3 reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number;
5.1.4 disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Members or use them for any purpose other than authentication for the Services.
5.1.5 provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent;
5.1.6 publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content;
5.1.7 use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
5.1.8 use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;
5.1.9 do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;
5.1.10 attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or
5.1.11 use the Services other than for the purposes set out in these T&Cs and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur).
5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
5.3 You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services.
Article 6.
Member Content
6.1 It is your responsibility to decide which information to publish or send via Member Content. Whymakeitcomplicated.uk cannot be held liable for any misuse thereof by any other User or third party.
6.2 We are not liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.
6.3 We permit Members to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in these T&Cs in respect of such information which comes to our attention.
6.4 We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason.
6.5 We reserve the right to irretrievably delete messages and other Member Content after any period stated in our FAQs or if we exercise any right of termination under this agreement.
Article 7.
Intellectual property rights
7.1 The trade marks (Whymakeitcomplicated.uk), logos, graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
7.2 You may not link to our Site or include it in part or in whole within another external website without our prior written consent.
7.3 You grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use (including for publicity), copy, alter, adapt, translate, display, sublicense or assign your Member Content on or via our Services or otherwise and on any distribution media including electronic media (including email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual communications media (including press, radio, analogue television, digital television, cable or satellite). You waive your moral rights in relation to Member Content.
7.4 You may not copy or otherwise use any Member Content of other Members except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these T&Cs.
Article 8.
Functioning of Site and Services
8.1 To properly use the Services, you must have the necessary hardware, software and settings specified in our FAQs. You will also need reliable internet access.
8.2 We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur.
8.3 We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.
8.4 We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
Article 9.
Right to cancel under distance selling regulations
9.1 This section applies to you only if you are a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.
Article 10.
Payment
10.1 While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid Pass or otherwise on payment of a fee. Passes can be acquired at the prices, for the periods and by the payment methods specified. Prices are stated in pounds sterling and include tax unless otherwise stated.
10.2 Where specified on the payment page of our Site when you applied for a Pass, the Pass will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions in the FAQs.
10.3 We may at any time change our price for a Pass. The new rate takes effect if you apply for a new Pass (whether or not it is your first Pass) after we have posted the details of our new price on the Site. Auto-renewals of existing Passes will continue at the old price.
Article 11.
Termination
11.1 You may at any time terminate your registration with us by requesting closure of your account in the designated part of our Site. We will implement such a request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund.
11.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:
11.2.1 immediately without notice or refund if in our reasonable opinion:
a) you have committed a serious breach of this agreement; or b) any Member Content published or sent by you or your continued registration is damaging or potentially damaging to our business or other Users; or
11.2.2 without refund if you fail to comply with an email from us giving you seven days to comply with this agreement; or
11.2.3 without cause on seven days notice by email in which case we will provide a full refund of the sum paid for your current Pass.
11.3 We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services except where we notify you that a suspension is lifted.
Article 12.
Changes to the T&Cs
12.1 We may change these T&Cs at any time by posting the revised version on the Site. Please check the T&Cs whenever you visit the Site. You will be bound by the revised T&Cs if you continue to use our Services following the effective date shown on the revised T&Cs.
Article 13.
Third party websites
13.1 We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
Article 14.
Limitation of liability
14.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
14.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
14.3 We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these T&Cs.
14.4 Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the 12 months before the event(s) complained of or the sum of £1,000 whichever is higher.
14.5 In no event (including our own negligence) will we be liable for any:
14.5.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
14.5.2 loss of goodwill or reputation;
14.5.3 special, indirect or consequential losses; or
14.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses).
Article 15.
Indemnity
15.1 You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
Article 16.
General
16.1 Headings in this agreement are for information only and are not binding. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.
Article 17.
Law and jurisdiction
17.1 This contract shall be governed by English law and any disputes will be decided only by the English courts.