| Legal Notices |
TERMS OF SERVICE
These Terms of Service define the terms on which National Lifestyles Groups Listing is provided and comprise the ‘Privacy Policy’, ‘Disclaimer’ and ‘Other Terms of Service’ as set out below.
The NLGL Service comprises the Website pages, membership system and online event diary found at www.onesite.co.uk. A lot of volunteer effort has been given to develop the NLGL Service which will only be successful by winning peoples trust and confidence. Onesite Limited (Onesite) operates the NLGL Service. The private policy of Onesite is simple: Membership records and event data of a Group (‘Group Data’) is private to that Group and is not to be accessed by anyone else. The records and data will not be provided to third parties outside of the membership of a Group. Groups can also control the information that individual members can access.
Specific exceptions to the overriding privacy policy are
a) a Group’s Homepage that is hosted by the NLGL Service can be accessed by the general public. However, Groups can control what data they place on the Homepage.
b) The membership system and online diary accesses Group Data in order to operate. The NLGL Service is also backed-up periodically as part of disaster recovery procedures. Backup data is held for up to 6 month to enable Groups to request restoration of backups.
c) Onesite complies with the Data Protection Act 1998. People can request any information held about themselves by contacting Onesite.
d) Onesite will comply with legal obligations such as court order to prevent access to data or to assist the police or to comply with any other legal obligation.
Onesite maintains summary data such as the numbers of uses of the NLGL Service, the number of hit, data transmission volumes etc. This is used to improve and develop the NLGL Service and achieve high performance standards.
Groups are responsible for complying with the Data Protection Act 1998 (DPA) whether or not they use the NLGL Service. DPA applies not just to electronic records but also to a Group’s manual records. The NLGL Service can greatly assist Groups to comply with their legal obligations for controlling sensitive data.
Group Data on the NLGL Service is password protected. Groups are responsible for maintaining confidentiality of passwords.
An NLGL User is any person or any other entity that makes any use of the NLGL Service for any purpose. For example any person who has read or might reasonably have read this, would be an NLGL User.
A Group is any type of association or collection of people and/or any other entity who form its members. Group can have no, one or more than one members. An NLGL Group is a Group who uses either or both of the membership system or event diary within the NLGL Service.
Subject to statutory rights and limitations:
1) An NLGL User and/ or an NLGL Group makes use of the NLGL Service at their sole risk. Any material downloaded or otherwise obtained through the use of the NLGL Service is done at an NLGL User’s own discretion and risk. The NLGL User will be solely responsible for the consequences that results from the download of any such material included but not limited to any damage to computer systems or loss of data.
2) An NLGL User and/ or an NLGL agrees
a) that the NLGL Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Onesite and its officers, agents, other partners and employees (the ‘Onesite Team’) jointly and severally disclaims all warranties, conditions and other terms of any kind including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
b) that Onesite Team is not party to any contract that might exist or come into existence between themselves (the NLGL Users and/ or NLGL Group) and other NLGL Users, Group or NLGL Groups or any other third party unless expressly stated in a separate written agreement with Onesite.
c) to hold the ‘Onesite Team’ jointly and severally harmless for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Onesite Team has been advised of the possibility of such damages), resulting from the use or the inability to use the NLGL Service. For example, Onesite Team will be held harmless for unauthorised access to or alteration of data transmissions; for statements or conduct of any third party on the NLGL Service; or for any other matter relating to the NLGL Service.
d) that in so much as statute permits claims relating to the NLGL Service or to Onesite Team must be filed within one (1) year after the earliest of such claim or cause of action arose or right of action arose or be forever barred.
3) Onesite Team makes no warranty or representation that (i) the NLGL Service or Onesite Team will meet NLGL users or any other persons or any other entities requirements, (ii) the NLGL Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the NLGL Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained through the NLGL Service will meet expectations, (v) software of NLGL Service is free from defects, and (vi) any errors in the software will be corrected.
1) Onesite provides the NLGL Service subject to the Terms of Service which may be updated by Onesite from time to time without notice.
2) NLGL Groups and/ or the NLGL User are responsible for creating usernames that enable Group Data viewed, edited. In addition to obligations set out elsewhere in the Terms of Service, NLGL Groups are fully responsible
a) for all activities that occur under usernames and password that they issue
b) for reporting to Onesite on a timely basis any unauthorised use of usernames and passwords that come to light
c) for indemnifying Onesite against any loss or damage arising from a failure of the NLGL Group to comply with law or negligence or a failure of the NLGL Group
3) NLGL Users agree
a) that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that NLGL Users and/ or NLGL Group, and not Onesite Team are entirely responsible for all Content that NLGL Users upload, post, email or otherwise transmit via the NLGL Service. Onesite Team does not control the Content posted via the NLGL Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
b) that Onesite does not pre-screen Content, but that Onesite and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the NLGL Service. Without limiting the foregoing, Onesite and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.
c) that the NLGL User must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, NLGL Users agree that they (the NLGL User) may not rely on any Content created by Onesite or submitted to Onesite including without limitation information accessible in the NLGL Service.
d) NLGL Users agree that Onesite may preserve Content and may also disclose Content to the Internet Service Provider who hosts the NLGL Service (i) for making back up copies of data for disaster recovery and (ii) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (iii) comply with legal process; (iv) enforce the Terms of Service; (v) respond to claims that any Content violates the rights of third-parties; or (vi) protect the rights, property, or personal safety of Onesite Team, NLGL Users and the public.
e) NLGL Users agree that the technical processing and transmission of the NLGL Service, including NLGL User’s Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Onesite reserves the right to terminate access to some or all parts of the NLGL Service for any reason.
f) that by using the NLGL Service, they may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Onesite be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
g) to indemnify and hold the Onesite Team harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content an NLGL User submits, posts to or transmits through the NLGL Service, use of the Service, connection to the Service, violation of the Terms of Service, or violation of any rights of another.
h) that Onesite shall not be liable to NLGL Users or to any third party for any modification, suspension or discontinuance of the NLGL Service. Onesite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the NLGL Service (or any part thereof) with or without notice.
i) that Content posted by NLGL Users to the NLGL Service is done so at the risk of the NLGL User. This includes both Content that is accessible in a Homepage and other Content.
j) that Onesite in its sole discretion, may terminate passwords, account (or any part thereof) or use of part or all of the NLGL Service, and remove and discard any Content within the NLGL Service, for any reason without notice. The NLGL User agrees that Onesite shall not be liable to the NLGL User or any third-party for any termination of access to the NLGL Service.
k) that Onesite is not responsible for the availability which the NLGL Service may provide, or third parties may provide, to links to other World Wide Web sites or resources. Onesite does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. NLGL Users further agree that Onesite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
l) that the NLGL Service and any necessary software used in connection with the NLGL Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Onesite grants NLGL Users a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that NLGL Users do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. NLGL Users agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the NLGL Service. NLGL Users agree not to access the Service by any means other than through the interface that is provided for use in accessing the NLGL Service.
4) NLGL Users agree to not use the Service to:
a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to a guide or host, or falsely state or otherwise misrepresent affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the NLGL Service
d) upload, post, email or otherwise transmit any Content in breach of law or contract or fiduciary relationship.
e) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g) interfere with or disrupt the NLGL Service or servers or networks connected to the NLGL Service (note Onesite will as appropriate report hacker activity to the police)
5) The Terms of Service and the relationship between NLGL Users and Onesite shall be governed by the laws of England. Any failure by Onesite to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
6) Onesite does not represent, warrant or endorse the quality or reliability of any goods or services, information about any goods or services, or other materials displayed, purchased or obtained by an NLGL User as a result of responding to any advertisement or any other information or offer in or in connection with the NLGL Service. Any reliance NLGL Users place upon any Materials or Products will be at their sole risk and it is solely their responsibility to ensure that the Materials and Products meet their requirements. Onesite reserves the right in its sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of, the NLGL Service or any Materials or Products without notice. Onesite is not selling or offering for sale any Products nor is it acting as agent of any person selling or offering for sale any Products.
7) The NLGL Service and the materials are provided by Onesite on an "as is" and "as available" basis, and Onesite Team expressly disclaims any and all warranties, express or implied, to the extent permitted by applicable law, including without limitation warranties of satisfactory quality, merchantability and fitness for a particular purpose, with respect to the NLGL Service or any materials and products.
8) To the fullest extent permitted by applicable laws, and except in respect of death or personal injury arising from Onesite Team’s negligence, Onesite Team hereby excludes liability for any claims, loss, demands or damages of any kind whatsoever with respect to the NLGL Service, the materials and the products including, without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Onesite. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. If you are a consumer your statutory rights, if any, are not affected.
9) Onesite uses technology that produces search results which could refer to sites and information located world-wide throughout the Internet. Because Onesite has no control over such sites and information, Onesite offers no guaranty for such sites and information with regard to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Excite search may locate unintended and objectionable content.
10) Because some of the content on the Internet consists of material which is adult-oriented or otherwise objectionable to some people, the results of searches using Onesite may automatically and unintentionally generate links or references to objectionable material. Onesite can make no claim that such occurrences will not arise. Computerised search technology does not provide search results limited to the hits which were being sort. There may be undesired hits as well.