TERMS AND CONDITIONS OF BUSINESS OF
The following expressions shall have the following meanings:
1.1 “Agent” means SimpleNeeds;
1.2 “Client” means any person who uses the Services offered for public use by the Agent;
1.3 “Registration Form” means the application form, booking form or other written request for agency Services completed by the Client via the Website;
1.4 “Services” means the agency services as described on the Website;
1.5 “Website” means all pages composing the Agent’s website at www.simpleneeds.co.uk;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.8 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 The Client shall be deemed to be accepting the Terms and Conditions through their continued use of the Website and shall be required to confirm the acceptance of these Terms and Conditions prior to the submission of the Registration Form.
2.4 The Agreement shall be created on completion of the registration process.
2.5 The Agent has the right to refuse a Client’s application for provision of the Services.
2.6 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.7 The Client must accept these Terms and Conditions in their entirety.
4.1 The Services are as described on the Website and subject to these Terms and Conditions.
4.2 The Agent may vary the Services, without notification to the Client, to take account of changes in legislation or industry practice or to enhance or protect the nature and quality of the Services.
4.3 The Services shall commence on the date specified and continue until terminated by either party either by means as specified on the Website or according to the terms of this Agreement.
4.4 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4.5 The agency Services provided take the form of an introduction service between registered clients, allowing the Client to contact other registered clients. The Agent does not guarantee the success of any introduction or the suitability of any contacts made by the Client through the use of the Services.
5 PRICE AND PAYMENT
5.1 The Services are offered subject to payment of the published fee.
6 NON COMMERCIAL USE BY MEMBERS
The Website is for the personal use of individual clients only and may not be used by organisations, companies, businesses or other entities for the purpose of commercial endeavours.
7 CLIENT OBLIGATIONS
7.1 The Client is responsible for the accuracy of all information supplied by them to the Agent and the Agent accepts no responsibility whatsoever for any inaccuracies howsoever arising.
7.4 The Client agrees that they shall not use the Services to:
7.4.1 make or attempt to make any statement which is obscene, racist, inappropriate, offensive or otherwise illegal through any personal statements or within any messaging system;
7.4.2 make any reference or allusion to any sexually explicit acts, parts of the body with sexual overtones;
7.4.3 use profanities in any personal statements or when using the messaging system;
7.4.4 use the Website to libel, slander or defame another person.
7.5 The Client acknowledges that any personal profile details may be accessed by individuals worldwide.
7.7 The Client shall provide and maintain the necessary hardware and software required to access and use the Services.
7.8 In the event that the Client arranges to meet any other users of the Website the behaviour of such third parties is outside the control of the Agent and Clients should take all reasonable measures to ensure their personal safety.
8 AGENT OBLIGATIONS
8.1 The Agent shall supply the Services as specified on the Website.
8.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
8.3 The Agent shall use all reasonable means to ensure that introductions to the Client fall within the category of persons specified by them on the Website but will not accept responsibility if any such person introduced to the Client does not fall within such category nor will it accept any responsibility for any occurrence as a consequence of any meeting with or relationship formed with any such person as a result of such introduction.
8.4 The Agent shall maintain all personal information supplied in the strictest confidence and in compliance with the Data Protection Act 1998.
8.5 If the Agent becomes aware of any activity that is in breach of any of these Terms and Conditions or any applicable law or regulation, or in the event that the rights of the Agent or a third party are infringed the Agent may, at their discretion:
8.5.1 ban, delete or prohibit any content that the Agent judges harmful to any party;
8.5.2 issue a warning to the offending party;
8.5.3 issue a ban to the offending party and remove their personal information from the Website;
8.5.4 report the offending party to the relevant authorities or take legal action against the offending party.
9 DATA PROTECTION
9.1 All parties to the Agreement are bound to comply with the provisions of The Data Protection Act 1998 and associated regulations.
9.2 The Client is responsible for the accuracy and reliability of any content supplied by them and must have authority to disclose such content to the Agent in order that they may use it to fulfil the Services.
10.2 The Agreement shall continue until the Services have been provided or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
10.4 The Agent may terminate this Agreement without notice if the Agent has reasonable grounds to suspect the Client has provided information that is untrue, inaccurate, out of date or incomplete.
10.5 The Client or the Agent may terminate the Agreement at any time.
10.8 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11 INTELLECTUAL PROPERTY
All brand names, product names, titles, trademarks, trade-names, designs, and copyrights used on the Website are owned or licensed to the Agent. No permission is given by the Agent or any third party to the Client or any other person or entity to use this intellectual property.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury as a result of any negligence, breach of contract or otherwise by the Agent or its officers, employees or agents.
13.2 None of the exclusions or limitations as set out in these Terms and Conditions shall affect any rights the Client may have as a consumer or by statute.
13.3 With the exception of the conditions stated in clauses 13.1 and 13.2 the Agent shall, in the event of any breach of these Terms and Conditions, be limited to damages which shall in no circumstances exceed the price of the Services and the Agent shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.
The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.