BY REGISTERING FOR AND/OR USING THE PLATFORM IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
“We” “Us” ”Our” is TownFish and its Owner combined
“You” “Your” is you the Service Provider
“Platform” is the site You are now visiting known as TownFish and operated by the Owner
“TownFish” are TownFish.co.uk this Platform and any sub-site to which it allows access and which is owned by the Owner and which does not have its own terms and conditions
“The Owner” Townfish Limited of 27 Old Gloucester Street, London, WC1N 3AX
Please Note that some other words we use are defined at the end of these Terms
Acceptance of Our Terms
We will allow You to use the Service You agree to comply with:
the Terms and Conditions applying to the Platform as a whole and
Our Privacy and Cookie Policies and
all other conditions we may apply from time to time for the use of the Platform
What We Must Do
We will as and when requested by any of our Users supply to You all Data which We have captured in respect of that User
We will throughout the Contract Period maintain the Platform and keep it open and able to receive Users at all times save for times when the Platform needs to be close for essential maintenance or when it cannot be live for reasons outside Our control
What You Must Do
You will use the Data only during the Contract Period and then for the purposes only of promoting Your own business and not the business of any subsidiary group member (if You are part of a group) nor any other person firm or company
You will keep any Confidential Information disclosed by Us secret, and on termination (or sooner if required) will at the Our option return or destroy such Confidential Information and may not use or take advantage of any the Confidential Information without Our consent, even after the end of this Agreement.
This obligation does not apply to
– information known to You before disclosure by Us, or
– information which becomes public knowledge without fault on the part of You, or
– disclosures made to the extent required by some applicable legal or regulatory requirement.
This Agreement will last for the Contract Period but may be terminated earlier:
by Us by Immediate Notice if You are in material breach of contract or are in breach of contract and fail to remedy the breach within fourteen days of being required in writing to do so or
if the one party becomes insolvent or ceases to carry on business, or if any preliminary step is taken towards one party’s liquidation winding up receivership or administration (other than for bona fide reconstruction or amalgamation) or
Any rights or obligations of a continuing nature shall survive termination.
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Platform any of the following:
Any message, data, information, text, music, sound, photos, graphics (including trade marks), code or any other material (“Content”) that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
Content that would constitute, encourage, promote or provide instructions for conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country in the World, or that would otherwise create liability or violate any local, state, national or international law.
Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TownFish;
Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of the Owner,
– violates the previous subsections herein,
– is objectionable,
– restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or
– may expose Us or our affiliates or its users to any prosecution harm or liability of any type.
TownFish does not assume any responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor is TownFish liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. As a provider of interactive services, TownFish is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.
You warrant that all Content You post on the Platform is your property and/or that you have the unfettered permission of the owner of that Content to post it on the Platform.
We are engaged to provide Data to You but We have no control over the nature or quality of the Data which is input by the Users or collected from Our other sources and therefore We accept no responsibility for all and any acts defaults errors or omissions contained within the Data.
Neither party enters this Agreement on the basis of or relying on any representation, warranty or other provision except as expressly provided in writing and all other terms implied by statute or common law are excluded so far as legally permitted. Liability or remedy for innocent or negligent misrepresentation is excluded.
Liability is neither limited nor excluded for death or personal injury, or otherwise where it would be unlawful to do so.
You must keep your password secure and any information You provide us with correct and up to date and indemnify Us against all losses arising from misuse of Your password by a third party or losses arising from Your having given to us incorrect or out of date information
If a party is obstructed in performing any of its obligations by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues. Whilst performance has been suspended for more than 7 days, either party may terminate this Agreement by immediate written notice.
Failure to enforce any of these terms is not a waiver of a party’s rights and shall not prejudice its rights to take action in respect of the same or any later breach.
Any part of any term or condition of this Agreement which is wholly or partially void, invalid, or unenforceable shall be severed from the remainder (which remains enforceable).
Any notice to be given by either party to the other shall be in writing, may ie sent by recorded delivery, and shall be deemed served 2 days after posting.
In the case of a conflict between these Terms and Conditions and the Terms and Conditions for the Platform these Terms and Conditions will prevail
These terms are governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.
“Confidential Information” means any trade secret, know-how, ideas, business methods, finances, prices, business plans, marketing plans, development plans, manpower plans, sales targets, sales statistics, customer lists, customer relationships, computer systems or computer software or other confidential information concerning the businesses, finances, dealings, of the Company or any part of the Company. It also means all of the Data save and except any part of the Data which is or becomes within the Public Domain
“Contract Period” means the period from the date when You start using the Platform to the date until You stop using it
“Data” means the data captured by Us from or concerning Users
“Immediate Written Notice” means a notice in writing given by or on behalf of one Party to the other terminating the provisions of this Agreement with immediate effect such termination will be without prejudice to any rights of any Party which accrued prior to the notice.
“in writing” and “written” means written on paper with ink or other similar medium and will not include emails faxes texts or other similar means of communication unless such means of communication are specifically agreed in writing between the parties hereto
“the Services” means the ability:
– to edit the Data we hold about You
– to view all analytical information we hold concerning You and any visitors who have accessed You Data
– to comment upon reviews published by Users
– to message Users directly
“User” means any person who has registered as a user of the Platform including You