Terms & conditions

1. AGREE
1.1 By pressing the “Acceptance Button”, you confirm you have read and accepted the terms and conditions, privacy policy and safety guidelines of SOMEONE2TRAVELWITH LTD. In doing so, you must note and be aware, that the Terms and Conditions and Privacy Policy become operational in their entirety and with immediate effect, including (but not exclusively) the rights of disclosure and waiver of Data Protection Act protection.

1.2 You use this site as a Registered Member under licence, in advance of fee payment. The considerations being the use of the site in exchange for registration of Members’ details and posting them on the site.

1.3 This Agreement applies for the duration of your membership. Please note that even after cessation of this, some clauses will continue to apply, e.g. those relating to intellectual property/confidentiality, limitations on liability and indemnity and other clauses where relevant.

2. ELIGIBILITY (CRITERIA FOR MEMBERSHIP)
2.1 You must be 18 years or over.
2.2 You must not have been convicted of any criminal offence.
2.3 The information you give must be accurate, true, honest, current, complete, and not misleading. It must also be regularly updated to ensure your profile remains accurate and includes your correct name, address and all other information asked for.
2.4 You must only use a credit/debit card (see use) with sufficient funds available, and which you have the authority to use.
2.5 You must have access to an E-mail address.

3. AMENDMENTS
3.1 We reserve the right to amend our terms and conditions at any time at our discretion.
3.2 The updated version will be posted on these Terms and Conditions’ pages of our Website. You will be required to abide by the amended version if you continue to use the service from that point on.
3.3 We reserve the right to review your profile at any time and amend or delete information if in our opinion it is
appropriate to do so.
3.4 We reserve the right to amend, remove or add information or services on the site at any time.

4. PRICE & PAYMENT
4.1 For prices please clic on Joining Fees which can be found in the FAQ section of the Customer Care Box.
4.2 Prices are inclusive of any VAT.
4.3 Where provided, details given about exchange rates are approximate and may vary.
4.4 On acceptance of matches, pre-agreed payment must be made in full by a valid credit/debit card. NB: Please note details on this site concerning fees only represent an invitation to treat, rather than a binding offer.
4.5 Unless specified, all monies paid by you are non-refundable.

5. YOUR RESPONSIBILITIES (CODE OF CONDUCT)

YOU AGREE NOT TO:
5.1 Provide dishonest, false or incorrect information.
5.2 Put personal details on the secure e-mail site, e.g. telephone number, fax, address or e-mail address or any other details that would facilitate direct contact until such point as you are certain that you will not in anyway jeopardise your
own safety in doing so.
5.3 Post any information which is contrary to statute or to rights of another company or individual.
5.4 Use the SOMEONE2TRAVELWITH site to promote any other business or to advertise, buy or sell any product without our express authority.
5.5 Misuse or abuse our service in any way, post any information which we consider to be offensive, e.g. sexually explicit or suggestive, racist, harassing, defamatory or capable of offending the religious and/or political beliefs of other.
5.6 Seek unauthorised access to any information on this site, our SSI or our affiliate sites.
5.7 Use SOMEONE2TRAVELWITH to post any junk mail spam, chain letters, pyramid schemes, fraudulent schemes or anything similar.
5.8 Copy all or any part of the information on this site other than for the reasons of this Agreement.
5.9 Allow any other person to use your membership or to access this site with your user ID or password.

YOU AGREED TO:
5.10 Report all cases of misuse or abuse that become known to you, or become evident through your use of the site.
5.11 Inform SOMEONE2TRAVELWITH of any threat to the security of the site.

6. SECURITY & CONFIDENTIALITY
6.1 Specific to you, are your personal profile, user ID, and password, these must not be shared with another.
6.2 It is your responsibility to keep them secure and you are responsible for any unauthorised access using your codes.
6.3 It is important that you prevent unauthorised access to your computer. If you share a computer with others, it is your responsibility to ensure that they cannot gain access to your information.
6.4 You must inform SOMEONE2TRAVELWITH of any breach of security.
6.5 If you place any confidential or sensitive information about yourself on the secure Website, you do so entirely at your own risk.
6.6 You agree to keep confidential, all information disclosed or learnt through, or in using this Website, except where it is already public knowledge or where required to do so by law.
6.7 Whilst we will use our reasonable commercial endeavours to keep your personal and financial information confidential, this cannot be guaranteed. Information will be disclosed where required by law, or where the conduct of a member(s) or a third party is considered criminal, racist or otherwise unacceptable.

7. YOUR PERSONAL PROFILE
7.1 Please note all personal details received from you are the subject of our Privacy Policy.
7.2 You agree that:-
7.2.1 Other site users will have access to your profile.
7.2.2 SOMEONE2TRAVELWITH has the right at its discretion to copy and/or reproduce any information placed on the
Website by you in any manner or form we see fit.
7.2.3 If you elect to post or disclose information on the Website or via another medium, especially where it is personal, confidential or sensitive, you do so entirely at your own risk.
7.2.4 You will be able to view the profiles of other members.
7.2.5 You warrant and represent to SOMEONE2TRAVELWITH that all information placed on the Website by you:
7.2.5.1 Is accurate, true, honest, current, complete and not misleading.
7.2.5.2 Will be regularly updated by you to ensure no false information has been given.
7.3 SOMEONE2TRAVELWITH reserves the right to review your personal details at periodic intervals and to amend and/or delete if we at our sole discretion think it should be amended and/or deleted.

8. CANCELLATION, TERMINATION, SUSPENSION
8.1 SOMEONE2TRAVELWITH reserves the right at its discretion to suspend your full or registered membership without justification and without notification if it is felt you are in breach of the Agreement. Further, a right to cancel membership following consideration of the facts on a case-specific basis, will be exercised, if in the opinion of SOMEONE2TRAVELWITH such action is justified. Where appropriate, we reserve the right to request a written explanation and substantiating evidence from full or registered Members.
8.2 Following cancellation, termination or suspension, you will not be entitled to a refund and must not attempt to use the service in the future without prior consent.
8.3 Under the Consumer Protection (Distance Selling) Regulations 2000 www.hmso.gov.uk/SI2000/2000234.ltm you may terminate your membership at any time. This can be done by clicking the edit section in your membership profile. However, as Registration is free, there is no financial commitment until you have accepted your first match. At this point you have become a full member.
8.4 Please Note
8.4.1 Once you have started to use the service, i.e. at the point where you have accepted your first match and therefore started to use the credits you have purchased, no refund will be given unless there are extenuating circumstances. A decision on what constitutes extenuating circumstances will be made at the sole discretion of SOMEONE2TRAVELWITH.
8.4.2 The terms and conditions and Privacy Policy for the site have been made available and can be downloaded for storage, external to the site. Should any difficulty be experienced with accessing or downloading data, please notify us at – Info@SOMEONE2TRAVELWITH.com.
8.4.3 Receipt of the order shall be deemed to be acknowledged when access is permitted to the extended personal details of the matched individual and the secure Messaging Service becomes available for the purpose of contact.

9. INTELLECTUAL PROPERTY RIGHTS
9.1 SOMEONE2TRAVELWITH owns absolutely Intellectual Property Rights connected with this or subsidiary sites.
9.2 You must not use any part of the whole of this Website without our express authority in writing. Similarly, no links
to external Websites can be made without authority.
9.3 You guarantee that the personal information provided by you is posted by you and you are the sole author.
You assign to us with full title guarantee, all copyright in your personal information, and in doing so, you waive any and all right to be identified as author.

10. FUNCTIONING OF THE SERVICE
You should note and be mindful that:-
10.1 Subject to the right of sporadic amendment, the Website is provided in its current form.
10.2 We cannot guarantee that the Website and/or service will meet your anticipated needs, wants or desires.
10.3 The accuracy and reliability of information cannot be guaranteed. Your use of any information is undertaken at your own risk.
10.4 Whilst we agree to use our best endeavours to rectify flaws in the service as soon as practicable, we cannot guarantee availability or freedom from interruption and faults, nor do we commit to any particular timeframe.
10.5 Subject to alteration of the terms and conditions, we reserve the right to amend the service.
10.6 To fulfil the needs of repair and maintenance, or to address other technical reasons, we reserve the right to suspend the service.
10.7 In order to keep the site fresh and to free computer space, we reserve the right to remove stored messages after a reasonable period.
10.8 Please also note that we reserve the same right to remove stored messages where membership is terminated by either party or membership is suspended.
10.9 At all times it is your responsibility to ensure that any information you wish to keep is stored independently of this site.

11. USE OF THE SERVICE
11.1 The SOMEONE2TRAVELWITH ‘messaging service’ is designed to provide members with a secure point within which information can be exchanged.
11.2 Whilst we would all wish to see the best in people, you should not presume that information in any profile is correct or accurate.
11.3 We have no obligation to check the accuracy of any information provided and cannot guarantee that it is.
11.4 Before you act on any information, you have a personal responsibility at your own expense to undertake any investigations to confirm the factual correctness of said information. It is regrettable that individuals may not be who they purport to be. We strongly recommend that you take advantage of our “VALIDATION” service to reduce the risk of this happening.
11.5 We therefore recommend that you take all reasonable precautions when using the service and especially with the exchange of personal information. Where a meeting is proposed, a prudent person will take precautions, and we draw your attention to our personal safety notes.

12. THIRD PARTY – AFFILIATES
12.1 We provide links to affiliate and third party sites and periodically these may be added to by ourselves or amended by the affiliate.
12.2 You should not assume that their presence is either a recommendation or endorsement from us, and you should make all reasonable enquiries and take appropriate precautions to ensure they meet your needs.

13. LIMITATIONS ON LIABILITY
13.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault-free.
13.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
13.3 We accept no liability for any omission, fault or defect in the service which results from your action or that of any other member.
13.4 We shall have no liability if any debt owned by you to us remains outstanding and this shall include any declined or stopped credit and transactions.
13.5 On all occasions you will give us reasonable opportunity to address and remedy any issue for which we are liable before taking any action yourself. Where you remedy the problem yourself, we will have no liability for your costs, you do so at your own risk.
13.6 In all cases, you will produce written evidence to substantiate any claim of liability resulting in loss. This should include all steps taken to minimise or mitigate the said loss before we will have any liability for your claim. We will have no liability to you where you are covered by any insurance policy and you must ensure that your appointed insurers waive any rights and all right of subrogation* against us.

* Dictionary – to put one personal thing in place of another in respect of a right or claim.
13.7 We will have no liability to you as a consequence of your use of this Website and associated services and/or your dependence on any information provided by members. Where misuse of information provided by authorised and unauthorised users has occurred we shall have no liability.
13.8 You agree we shall have no liability to you for any:
13.8.1 Consequential, special or indirect losses;
13.8.2 Economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or
13.8.3 Loss of data;
13.8.4 Damages for loss of or damage to property;
13.8.5 Damage to or loss of goodwill, reputation or data.
13.9 You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer.
13.10Our maximum liability to you or your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose.
13.11Nothing in this Agreement shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
13.12Nothing in this contract shall exclude or limit any of your statutory rights which may not be excluded or limited due to you acting as a consumer.
13.13Any services (whether or not provided by us) will be provided with due care and skill.
13.14 Any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
13.15 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have owed to you as a result of.
13.15.1 Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site.
13.15.2 The unavailability of our site (or any part of it), goods or services.
13.15.3 Any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services.
13.15.4 Any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
13.16 We shall have no liability to you for any delay in performance of this service and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control, including but not limited to Acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, government actions and any other similar events.
13.17 This section (and any other clause excluding or limiting our liability) applies to our directors, officers, employees, sub-contractors, agents and affiliated companies as well as to us.

14. INDEMNITY
14.1 You agree to indemnify and keep indemnified us against any and all loses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of the service, information and/or other material posted on or via the service by you and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by you.

15. GENERAL
15.1 Headings above are for guidance and not binding.
15.2 All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This shall not apply to members of our group who shall have the right to enforce this Agreement as if they were us and to the persons mentioned in clause 13.10 above.
15.3 No waiver by us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
15.4 This Agreement contains the entire Agreement between you and SOMEONE2TRAVELWITH. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provisions shall be unaffected and shall remain in full force and effect.
15.5 We may assign all or part of our rights or duties under this Agreement; you may not do so without our prior written consent.
15.6 Unless otherwise stated in this Agreement, SOMEONE2TRAVELWITH will send all notices in writing, by e-mail to the most recent e-mail address specified by you on your personal profile. In the case of correspondence from you to SOMEONE2TRAVELWITH, it must be sent by e-mail to legaleagle@someone2travelwith.com
15.7 All terms and conditions applicable to the contract are provided to the recipient in a form that allows you to download and store and reproduce from them external to the site.
15.8 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.