1. DEFINITIONS
1.1 In these conditions the following words have the following meanings unless the context requires otherwise:
“Agreement” means the agreement between You and Us incorporating these terms and conditions for the provision of the Service;.
“Information” includes without limit all content, software, data, text, photographs, graphics, sound and video;
“Intellectual Property Rights” means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;
"Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being;
"Post" means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service, and the phrases “Posted” and “Posting” shall be construed accordingly;
"Profile" means the section of the Service containing details, photographs and/or other Information about You;
"Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website;
"User" means any person who browses the Website and “Use” shall be construed accordingly;
"We” and “Us" means Mango Trees Limited, who own and operate the mango-tree.com website registered office 15 Coach House Mews, Mill St, Redhill, RH1 6RT, company number 5977129 and “Our” shall be construed accordingly;
"Website" means Our website at URL www.mango-tree.com (or such other URL that We may use to provide the Service from time to time);
"You" means the person whose application for membership of the Service is accepted by Us and “Your” and “Yourself” shall be construed accordingly.
2. ELIGIBILITY
2.1 By applying to become a Member You warrant and represent to Us that:
2.1.1 You are over 18 years old;
2.1.2 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or
2.1.3 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
2.2 If You are not able or not willing to give the warranties and representations set out in clause 2.1 above then You must not apply for membership.
3. BASIS OF CONTRACT
3.1 We shall provide the Service in accordance with these terms and conditions.
3.2 If you are applying for membership, you agree to be bound by these terms and conditions for the provision of the Service. If you are a User, who is not a Member, your use of the Website constitutes your agreement to be bound by these terms and conditions insofar as they are relevant to use of the Website by Users who are not Members.
3.5 No representations or warranties concerning the Service made by Us or Our employees, sub-contractors or agents shall have any effect (and are expressly disclaimed) unless confirmed by Us in writing.
3.8 We shall have the right at Our option to refuse to grant applications for membership and to terminate memberships at any time.
3.9 The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership from Us by e-mail
3.10 You confirm that you are aware that mango-tree.com is a website operated by Mango Trees Limited in the United Kingdom and you consent to the transfer of your personal data to the United Kingdom, where your personal data will be subject to United Kingdom law and where data protection may be different from your country.
4. USERS
4.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that You may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent. The limited licence set forth in this clause does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content) including any Information Posted by Members; (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its content; (iv) collect account information for the benefit of another party; (v) use any meta-tags or any other "hidden text" utilising Our name or trademarks without Our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorised use by You of the Website terminates the limited licence set forth in this clause without prejudice to any other remedy provided by applicable law.
5. MEMBERS
5.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This includes the right to Post and amend Your Profile and any other Information and use the messaging facilities or bulletin boards incorporated in the Website. You must exercise Your right to use the Website and right to Post Information only in accordance with the obligations contained in these terms and conditions. Please note that You may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
5.2 The limited licence set forth in clause 5.1 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content) including any Information Posted by Members, except as permitted by clause 5.1; (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its content; (iv) collect account information for the benefit of another party; (v) use any meta-tags or any other "hidden text" utilising Our name or trademarks without Our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorised use by You of the Website terminates the limited licence set forth in this clause without prejudice to any other remedy provided by these terms and conditions or the general law.
7. MEMBER'S OBLIGATIONS
7.1 You will not:
7.1.1 Post Your personal details such as Your telephone number, fax number, address and/or e-mail address or URL in Your Profile or any other Information which would enable other Members and/or Users to contact You directly;
7.1.2 Post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights ;
7.1.3 use the Service to promote another site, service and/or business in any way including but not limited to Posting any telephone number, fax number, address and/or e-mail address or URL in Your Profile;
7.1.4 solicit other Members' business, advertise, buy or sell products and/or services through the Service;
7.1.5 misuse in any way the Service or any Information Posted on the Service;
7.1.6 attempt to gain unauthorised access to any Information available on or via the Service or to any of the networks used in providing the Service;
71.7 copy, in whole or in part any of the Information on the Website (including, but not limited to any Information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;
7.1.8 Post any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;
7.1.9 in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
7.1.10 Post any Information, which in Our opinion is sexually explicit, vulgar, indecent, racist, abusive, invasive of another’s privacy, offensive, harmful, threatening, harassing, stalking, inflammatory, sexually suggestive, defamatory and/or obscene; and/or
7.1.11 Post any Information which in Our opinion is capable of offending others’ political and/or religious beliefs.
7.1.12 Post any images subject to copywrite or any other image that you do not have have complete and full writes to use.
7.2 Without prejudice to the generality of Clause 7.1, You hereby warrant that any Information Posted by you does not infringe the Intellectual Property Rights of any third party and You hereby indemnity Us against any loss or damage We suffer as a result of Your breach of this Clause 7.2
7.3 We reserve the right to monitor and at Our option to remove for any reason any Information Posted by You.
8. Not used
9. SECURITY
9.1 The Member ID, password and activation code allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username, password and/or activation code.
9.2 You should protect against unauthorized access to Your computer. You must ensure that You sign off when You finish using a shared computer.
9.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password
10. YOUR PROFILE
10.1 You acknowledge that other Users will be able to view Your Profile.
10.2 We may copy and/or reproduce any Information Posted by You on the Website in any form and in any manner We wish.
10.3 If You Post and/or disclose to other Users any confidential or sensitive Information about Yourself then You do so entirely at Your own risk
10.4 You warrant and represent to Us that all Information Posted by You:
10.4.1 is accurate, true and is not misleading; and
10.4.2 will be regularly updated by You so that it remains accurate, true and not misleading.
10.5 We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted
11. CANCELLATION / TERMINATION / SUSPENSION
11.1 You may terminate your membership at any time, upon giving us notice by completing the cancellation of membership form on the Website.
11.2 Without prejudice to any other remedies We may have, We may terminate Your membership at any time, without cause, upon giving You notice by email. If We terminate Your membership under this Clause 11.2,
11.3 If:-
11.3.1 You breach the terms of this Agreement;
11.3.2 You persistently breach the terms of this Agreement;
11.3.3 You fail to provide Us within the time limit requested by Us with sufficient Information to enable Us to determine the accuracy and/or validity of any Information Posted by You; and/or
11.3.4 in Our reasonable opinion, any Information Posted by You is damaging or potentially damaging to Our business or Members or Users, then, without prejudice to any other remedies We may have, clause 8.4 below shall apply.
11.4 If any of the events set out in clause 8.3 above occurs in relation to You then We may immediately and without notice suspend and/or terminate Your access to and/or membership of the Service and You shall not attempt to use the Service or rejoin as a Member.
11.5 Not used
11.6 This Agreement continues for so long as you are a Member. Even after termination of this Agreement, certain clauses will continue to apply including clauses 13,17,18 and 19 and other clauses necessary to interpret or enforce this Agreement.
12. PERSONAL DATA
12.1 Personal Information collected from You is subject to Our Privacy Policy.
13. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
13.1 As between You and Us, All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.
13.2 You may link to the Service but You may not include the Service in part or in whole within another external website without Our prior written consent.
13.3 You warrant and represent to Us You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.
13.4 You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.
13.5 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Information relating to the Service which may be disclosed to You or which You may learn, except where such Information is public knowledge or it is required to be disclosed by law.
13.6 We will use Our reasonable commercial endeavours to keep Your personal details such as Your surname, real e-mail address and credit card number(s) (where relevant) confidential and will not disclose such Information, except where such Information is public knowledge or it is required to be disclosed by law.
14. FUNCTIONING OF THE SERVICE
14.1 We warrant that the Service will be provided with reasonable skill and care. We do not guarantee or warrant that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations
14.2 We reserve the right to make changes to the Service provided that they do not have a material adverse effect on the quality of the Service.
14.3 We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.
15. USE OF THE SERVICE
15.1 The Website is merely a forum for Members to Post Information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.
15.2 You should not assume that the Information contained in any profile is necessarily correct and accurate. We do not check that the profiles are correct and not misleading. We do not make any representation or warranty that the Information contained in any profile is accurate and We are not under any obligation to verify any Information contained in any profile. Before acting on any Information contained in any profile or on any Information received by You through Your use of the Service, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Information. A person may not be who he or she claims to be. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take reasonable precautions to ensure Your safety.
15.3 You must comply with Our reasonable instructions concerning use of the Service.
15.4 You must notify us in writing immediately if You become aware of inappropriate behaviour by any person in connection with the Service.
15.5 We are entitled to delete messages stored on the Service after the period stated in the Help and Information page on the Website. We may also delete messages immediately upon exercising any right of suspension in this Agreement or upon termination of Your membership or this Agreement. It is Your responsibility to store independently any messages that You wish to keep.
16. THIRD PARTY WEBSITES
16.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy yourself that any goods or services referred to thereon are suitable for Your requirements.
17. LIMITATIONS ON LIABILITY
17.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
17.2 We shall have no Liability to You arising out of Your reliance on any Information Posted by other Members.
17.3 WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, GOODWILL, REPUTATION OR DATA OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER (WHETHER CAUSED BY THE OUR NEGLIGENCE, THAT OF OUR EMPLOYEES OR AGENTS OR SUB-CONTRACTORS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
17.4 Nothing 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.
18. FORCE MAJEURE
18.1 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, governmental actions and any other similar events.
19. GENERAL
19.1 Headings above are for guidance and not binding.
19.2 All third party rights are excluded and no party who is not a party to this Agreement 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 17.3 above.
19.3 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.
19.4 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part it shall be deemed not to form part of this Agreement and the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.