THESE TERMS AND CONDITIONS ("Terms") govern your access and usage of the information and materials as located in this website (www.tomdickandsally.com) ("the Website"). Your access and use is predicated on your acceptance of the Terms. Accordingly, by accessing this Website and using the contents therein, you are deemed to have accepted and agreed to the Terms.


Abbreviations and Definitions

"TDS" means TomDickandSally.com Ltd, a company registered in England with company number [tbc], whose registered office is at 64 Kimber Road, London, SW18 4PP;
"Content" refers to any content, emails, messages, photos or Profiles submitted or sent by Users to TDS or its employees or its agents, through their Use of the Website;
"You" or "Your" refers to the User and/or Subscriber accessing the Website.
"Fee" means the subscription fee;
"Period" means any period of months commencing on the date of payment of a subscription;
"Profile" refers to any information held by TDS about a User, such information having been submitted by either (i) the User to whom the information relates, or (ii) another User, permission having been obtained by TDS from the User to whom the information relates prior to such User's information being made available to other Users;
"Terms" refers to the terms and conditions set out herein;
"User" refers to any person who registers their details with the Website and thereby agrees to comply with these Terms;
"Subscriber" refers to a User who has either (i) paid the relevant Fee, or (ii) on whose behalf another User has paid the relevant Fee;
"Website" refers to the website www.tomdickandsally.com
"Use" refers to registering and updating Profiles, viewing at the Profiles of other Users, contacting other Users, TDS or its employees and / or its agents;

TDS

1. The Website is owned and managed by TomDickandSally.com Ltd
2. TDS can be contacted by writing to Tom Dick and Sally, 64 Kimber Road, London, SW18 4PP or by email at support@tomdickandsally.com

Registration and Subscription

3. TDS may allow you to certain access to limited sections of the Website for free however as a Subscriber, you will be entitled to additional functions including communication with other Users. For the avoidance of doubt, you are responsible for providing and paying for the means of accessing the Website. You must be eighteen (18) years old or over to Use the Website.
4. By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
5. By registering with the Website you warrant that you do not (a) have a previous and/or pending criminal conviction; or (b) have or have had a restraining order made against you by the courts of any jurisdiction. You acknowledge that TDS undertakes no screening of its Users and therefore User shall take all appropriate precautions when making contact with other Users of the Website.
6. The Website is provided for the personal Use of individual members only; you may not Use the Website in connection with any commercial venture. If you are an organisation, a company and/or a business you may not register with the Website or Use it for any purpose.
7. On payment of the relevant Fee, Subscribers hereby agree and consent to the immediate commencement of the performance of the services by TDS such that, on payment of the relevant Fee, Subscribers can immediately access certain functions of the Website, including communication with other Users.
8. TDS shall decide at its sole discretion and opinion on whether to accept any Content, including Profiles. In the event that any Content is not accepted by TDS, TDS may write to you to explain the reasons for this, but shall be under no obligation to do so. Under such circumstances, provided that the User is not in breach of these Terms, the relevant Fee shall not be payable and shall, where relevant, be returned.

Website Usage

9. Use of the Website shall be for the purpose of facilitating online introductions only.
10. Your use is personal to you and may not be transferred to any individual.
11. You shall comply with all relevant and applicable laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
12. You shall not provide your access details to any individual. In the event that another individual accesses the Website due to your having provided your access details, you shall be liable for this individual’s access.
13. You must not provide any false information in respect of your name, age, marital status or location to TDS and other Users of the Website. In the event that TDS has reason to suspect that you have provided such false information, TDS reserves the right to terminate your Use of the Website and/or disable your Profile.
14. In the event that TDS, in it's sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Website or sending abusive, harassing or threatening communications to TDS, its agents and or its employees, TDS reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website; in the case of illegal Use, instigating legal proceedings, and in the case of submitting an inappropriate Profile, disabling such Profile without any notice to you. If we find that illegal activities have been undertaken, we reserve the right to report to the appropriate authorities.
15. You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users.
16. You must not include in your Profile any personal contact information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses.
17. In the event that TDS, in its sole discretion, considers that any Content violates these Terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, TDS reserves the right to take any action that it deems necessary, including, but not limited to, disabling such Profile, deleting such Content, restricting the number of emails that you can send to other Users or terminating your Use of the Website. Some examples of the types of Content that TDS considers violate these Terms are any Content that:
    1. expresses or implies that any statements made by you are endorsed by TDS;
    2. promotes homophobia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. bullies, harasses or advocates harassment of another person;
    4. displays pornographic or sexually explicit material of any kind;
    5. provides material that exploits people under the age of 18, or solicits personal information from any person under the age of 18;
    6. promotes any conduct that is abusive, threatening, obscene, defamatory or libelous;
    7. promotes any illegal activities;
    8. promotes illegal or unauthorised copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
    9. provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
    10. contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
    11. solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
    12. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
    13. promotes information that you know to be false or misleading;
    14. contains inappropriate Profile e.g. names or contact details;
    15. engages in commercial activities and/or sales, without the prior written consent of TDS.
18. As a result of publishing or displaying any Content on any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to TDS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by TDS and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content.
19. You are solely responsible for your interactions with other Users. TDS reserves the right, but has no obligation, to monitor any dispute between you and another User.
20. TDS reserves the right to make changes to the Website from time to time without any prior notice to Users, provided that such changes have no material adverse effect on the quality of the service provided to Users.
21. In the event that TDS denies you access to the Website on a permanent or temporary basis for any reason, you shall be notified in writing and must then not attempt to use the Website under any other name or through any other User. If a Profile is disabled due to inappropriate Profile, TDS shall not notify such User.
22. TDS will operate the Website with the reasonable skill and care of an online service provider based on the relevant industry standard.
23. TDS will use reasonable endeavors to maintain the operation of the Website; however it may be necessary to temporarily suspend the Website for operational reasons, including but not limited to repairs, planned maintenance or upgrades. TDS will use reasonable endeavors to restore the Website as soon as possible after any suspension. TDS shall not be liable to you for any such suspension.

Term and Termination

24. These Terms will remain in full force and effect while you are a User of the Website.
25. You may cease to be a User at any time, for any reason, effective upon receipt by TDS of your written or email notice of termination, sent to the postal or e-mail address detailed in clause 2.
26. TDS may at any time, terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website on provision of reasonable notice.
27. TDS may terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website with immediate effect in the event that you have breached these Terms. In the event of such termination no refund shall be payable by TDS.
28. TDS will send you notice of any termination to the email address provided by you during your registration or such other email address as you provide to us.

Intellectual Property

29. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the functionality and design of the Website is either owned by or licensed to TDS. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the Content is either owned by or licensed to TDS or owned by a User.
30. You are expressly prohibited from:
    1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
    2. removing, modifying, altering or using any registered or unregistered marks/logos owned by TDS, including but not limited to the mark "tomdickandsally" and the logos associated with the Website,
    3. Doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to TDS without first obtaining the written permission of the owner of the intellectual property.

Disclaimer

31. TDS are not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Website.
32. The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by TDS and, to the maximum extent permitted by law, TDS shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Website.
33. The Website may contain errors and, from time to time, may not be accessible by Users. The information provided on the Website by TDS is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.

Warranties, Liabilities and Indemnity

34. To the maximum extent permitted by law, TDS shall not be liable for any loss, injury or damage caused in whole or part by, or failures, delays, interruptions or otherwise of, the provision of the Website services; and shall not be liable for any direct, consequential, incidental, liquidated or special losses or damages, arising out of, or relating to the use or inability to use, the information provided on the Website or any decision made or action taken in reliance or partial reliance on the information provided on the Website.
35. TDS cannot guarantee and do not promise any specific results from Use of the Website. To the maximum extent permitted by law, TDS expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.
36. Where you believe you have a claim or right of action against any other User arising from that User's Use of the Website, you agree to pursue such claim or action independently of and without any demands on TDS, and you release TDS from all claims, liability and damages arising from or in any way connected to such claim or action.
37. In the event that a claim or action is brought against TDS arising from your activities or Use of the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend TDS in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow TDS to assume the exclusive defense and control of the matter.
38. Except in the event of gross negligence, willful acts, death or personal injury occasioned by negligence, in no event, shall TDS’s liability to you exceed the fees paid by the relevant Subscriber or User to which the claim related.

Data Protection and Privacy Policy

39. TDS is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website. TDS’s privacy policy is found at http://www.tomdickandsally.com/privacy-policy
40. Links to third party websites may appear on the Website. Such third party websites are not the responsibility of TDS and TDS accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

Changed Terms

41. TDS may alter or amend our terms and conditions by giving reasonable notice. By continuing to Use the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with TDS you may do so by giving TDS not less than seven (7) days’ notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.

Law and Jurisdiction

42. These Terms shall be governed by and construed in accordance with the laws of England.
43. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.

Rights of Third Parties

44. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

Other Terms and Conditions

45. You may print and keep a copy of these Terms, which form the entire agreement between you and TDS and supersede any other communications or advertising with respect to the Website.
46. Failure by TDS to enforce these Terms does not constitute a waiver of such right.
47. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
48. TDS shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of TDS. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, and riots, acts of war, earthquakes, fire and explosions.