General Terms and Conditions
1. Use of the Company Site
The Site is provided to you for your personal use subject to these ‘Terms and Conditions’.By using the Site you agree to be bound by these.
We may update these Terms and Conditions from time to time. Any changes will be notified to you via an announcement on the Company Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3.1 To register on the Site you must be over eighteen years of age.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.
4. User name
4.1 Members of the site have the option of displaying a user name when using the site. Certain user names will not be acceptable, this includes ones which contain words or phrases we deem to be offensive, names used to impersonate any other person, words or phrases which require consent from someone else to use without that person’s consent.
4.2 User names must not be used to impersonate any other person or body or misrepresent a relationship with any person or body or adopt a false identity if the purpose of doing so is to deceive or defraud others.
4.3 We may suspend or cancel your registration immediately at our discretion or ask you to change your user name if it is in breach of this or any other of the terms and conditions.
5. Password and security
5.1 When you register to use the Site you will be issued a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should change it immediately. A link to the change your password facility can be found on the “edit profile” page.
5.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
6. Intellectual property
The content of the Site is protected by copyright, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.
7. Your use of the Site
7.1 You may not use the Site for any of the following purposes:
7.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any
Laws in the country in which the user is based;
7.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
7.1.3 interfering with any other person’s use or enjoyment of the Site; or
7.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
7.1.5 disseminating any advertising, promotional materials or other forms of solicitation, including chain mails or pyramid schemes;
7.2 You will be responsible for any losses and costs incurred by us resulting from your breach of this clause 7.
8. Availability of the Site
8.1 Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it using the “Contact Us” feature at the bottom of each page. Put as the subject title “Reporting A Fault” and we will attempt to correct the fault.
8.2 Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
9. The Company’s right to suspend or cancel your registration and remove any information
9.1 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions or any other rules for using the Site.
9.2 You can delete your account at any time by using the “delete” feature in your profile settings. If you do so, you must stop using the Site.
9.3 The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.
9.4 We may (but shall not be obliged to) delete, edit, lock, move or remove any information posted or uploaded by any user without notice and for any reason including, without limitation, any information which, in our sole discretion, violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever, or in respect of which we receive any complaint (whether justified or not).
10. The Company’s liability
10.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website.
10.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) any liability which cannot be excluded or limited under the applicable law.
10.3 If your use of material on the website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof
10.4 Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the use of this site shall be limited to £10.00
11.Viruses, Hacking and Other Offences
11.1 You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our Site is stored or any server, computer or database connected to the Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack or any other type of attack.
11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment,computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
12. Third Party Websites
As a convenience to customers, the Site includes links to other web sites or material which are beyond its control. The Company is not responsible for content on any site outside the Site.
13. Reliance on Information Posted
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
14. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
15. Applicable Law
These Terms and Conditions will be subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England and Wales.
The Site allows users to upload photographs in their profile which may be viewed by other users. The following types of images will not be accepted:
- Photographs containing nudity or see-through clothing
- Images which are copyrighted (ie: drawings, photographs, or other illustrations)
- Photographs which contain identifying information (ie: car number plates, email or web addresses, visible street address numbers, etc.)
- Photographs containing illegal acts or violence
- Children (without an adult included in the photo)
The Company will only accept jpeg images. The maximum file size accepted is 2MB.
17.2 These Terms and Conditions will be subject to the laws of England and Wales. If you want to take court proceedings, you must do so within the United Kingdom.
17.3 We make no promise that the materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
17.4 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
17.5 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
17.6 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
17.7 The Site is owned and operated by tobbel.co.uk
17.8 If you have any queries please us the “Contact Us” feature which can be found at the bottom of each page.
Last update:Feb 2013