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Terms and conditions

1. Introduction

These are the terms of service which apply to your use of:

  • the network.mandy.com website and services; and
  • all other websites in The Mandy Network and the related services.

They are referred to in these terms as the 'Sites' and the 'Services'. The Services include the provision of information and materials, and tools to enable you to share information and materials, network and communicate with us and other users. The term 'content' is used in these terms to refer to such information, materials and tools.

The terms apply between you, the user of our Sites and Services, and The Mandy Network, a company registered in England and Wales with company number 4749221 (also referred to as 'we' or 'us').

If you use any Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity, and confirm that you have authority to do so.

2. Prohibition on unlawful use of content

You may not make any unlawful or unauthorised use of any content, including:

  • unauthorised distribution or disclosure of confidential, personal or sensitive information (including user profiles);
  • use of the service in any manner which may compete with our business; and
  • other unauthorised reproduction or use of content for commercial purposes.

3. Prohibition on providing unlawful content

You may not upload, provide or transmit any unlawful, unauthorised or offensive content, including:

  • content which is discriminatory, defamatory, derogatory, indecent, obscene or abusive;
  • unauthorised marketing materials or communications;
  • content containing personal political or religious views;
  • content whose publication or use on the Site or in relation to the Services would be in breach of copyright or other intellectual property rights, data protection or confidentiality obligations or any rights of privacy; and
  • inaccurate content about yourself or another party.

4. Prohibition on other unlawful acts

In using our Sites and Services, you must comply with all applicable laws. You may not make any unlawful or unauthorised use of our or our service providers’ computers, networks, communications systems, or other equipment or software, including:

  • attempting to gain unauthorised access;
  • introducing or attempting to introduce any computer virus or other malware or cause any 'denial of service' attack;
  • modifying, reverse engineering or decompiling any part of the underlying software for the Site;
  • stalking, harassing or threatening any person;
  • sending unlawful, unauthorised or offensive communications (including spam, identical bulk emails, unauthorised marketing communications or any content in breach of clause 4 above);
  • contacting other users for reasons unrelated to or inappropriate for the Site or Service;
  • otherwise restricting or inhibiting any other user from using and enjoying any Site or Service; and
  • misrepresenting yourself or another party or the activities of you or another party, or committing or assisting others to commit any criminal or fraudulent act.

5. Accuracy and lawfulness

The quality of the Services provided to you and other users depends on you providing accurate, complete and lawful content. You acknowledge and agree that you:

  • have provided and will provide accurate and complete content in your registration and profile(s) (and otherwise using our Sites or Services) and will keep your content updated as appropriate; and
  • have obtained and will obtain all rights, licences and approvals required in any country for the use (by you, us and our other users) of any content you provide in relation to the Sites and the Services.

6. Your and our rights to terminate

You may terminate your use of any Sites and Services and request removal of your profile(s) at any time. As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least two weeks in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Sites and disable your access rights and login details as required (although we shall use reasonable endeavours to do so sooner, if requested). Any such notice will take effect when received by us.

We may withdraw any Site or Service or terminate your access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavours to give notice to you of any such termination.

7. Consequences of termination

If you have made advance payments to us for any Service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refunds policy. You will not be entitled to any other compensation for any such termination.

Following termination of your access to or use of any Sites and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record keeping purposes. Please see our privacy notice for further details. Other content you have provided may also remain on our Sites.

All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property and on-going use of your content.

Termination of your access to the Sites or Services or of these terms shall not affect accrued rights and liabilities of you or us up to the date of termination, including our rights to payments due from you.

8. Liability for fraud, death and personal injury

Nothing in these terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.

9. Limitations on our liability

The provisions of this clause 9 are subject to clause 8 and shall have effect in addition to the other limitations of liability on specific issues set out in these terms.

Except as set out in these terms, all conditions, warranties and representations applicable to the provision of the Sites and the Services implied by statute or common law are excluded to the maximum extent permitted by law.

Neither we nor our representatives shall be liable to you for:

  • (a) any direct loss or damage; nor
  • (b) any consequential or indirect loss or damage,

arising in relation to the use or inability to use our Site or our Services (including any content), including any loss of business, job, job opportunity, customers, revenue, profit, contracts, data, software or reputation, or wasted time, whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable.

Without prejudice to the other limitations of liability in these terms (including this clause 12), our total liability to you arising in relation to your use of the Site and/or the Services in any 12 month period shall be limited to amounts paid by you for the relevant Service during that period.

GENERAL TERMS

These terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from them.

We shall not be responsible for any failure or delay in performance of the Services or any of our obligations under these terms due to a cause beyond our reasonable control.

The headings in these terms are for ease of reference only.

Unless the context requires otherwise, in these terms the term 'including' shall be interpreted to mean 'including but not limited to'.

The provision of the Services shall not create any relationship of agent and principal between you and us and neither you nor we have any authority or power to bind or to contract in the name of the other party.

No provision of these terms is intended to be enforceable by any person other than you or us.

Failure by us or you to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.

You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.

We may, without your consent:

  • sub-contract any of our obligations under this agreement to any third party; and
  • upon notice to you (if you are a registered user) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.

If any provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.

These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Sites and Services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.