SociaGuys | The discerning gay man's guide to London, meet gay men, stylish and exclusive events

Agreement - shall mean Conditions made between the Company and the Customer for the purchase of an EGuide.

Author - shall mean a business or person who creates an EGuide

Authorised Representative shall mean Mr Rob Frost or Miss Ali Bell or any other person in substitution as the Company may indicate from time to time to the Customer in writing.

Company - shall mean FunkiCity Ltd trading as SociaGuys and registered in England and Wales with company number 6066456 whose registered office is at 11 Murray Street, London, NW1 9RE.

Conditions - shall mean these standard terms and conditions for the purchase of an EGuide any breach of which, regardless of seriousness, allows the party not in breach to terminate the Agreement, and/or reject entry.

Customer - shall mean a business or consumer whose request for purchase is accepted by the Supplier, whose identification details and signature (written or electronic), will be evidenced on the Google Checkout confirmation email.

EGuide - shall mean information about particular subjects. The EGuide may contain, but shall not be limited to, graphics, photos, animation, artwork, text, data, information, messages, hypertext links, scripts or other material.

Purchase – exchange of money (debit or credit card) to buy the eguide

Third Party Suppliers- shall mean any suppliers other than the Company or its affiliates.

1. General Terms

a. These Conditions shall govern the Agreement to the exclusion of any other terms and Conditions between the Company and the Customer and no variation to the Agreement or these Conditions (including the incorporation of the Customer’s standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an Authorised Representative of the Company.

b. The Company’s employees, agents, consultants and/ or subcontractors, are not authorised to make any representations or variations concerning the service provided, and any such variations shall not be binding on the Company unless or until an Authorised Representative of the Company confirms such representations or variations in writing.

c. Any typing, clerical or other error or omission in any sales literature, price list, invoice or other documentation or any information issued by the Company (in whatever form and on any media) shall be subject to correction without any liability on the part of the Company.

2. Conditions of purchase

a. Unless otherwise stated, the person making the Purchase shall be deemed to have accepted these Conditions.

b. By making a Purchase with the Company the Customer states that he/she are at least 18 years of age and has legal authority to make the Purchase. The Customer agrees that they are responsible for all charges incurred in making the Purchase, and that they will pay them in full and on time as stated in the Conditions. The Customer also states that any and all information they provide in the course of making the Purchase is true and accurate.

c. By submitting online payment details the Customer agrees to be subject to the Conditions.

3. Purchase Information

a. In order to process the Customer’s Purchase the Company is required to collect personal information about the Customer. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

b. Worldwide jurisdictions apply a variety of differing legislation, regulations and daily practices surrounding the protection of personal information and although the laws regarding the security of each Customer’s information may differ in the place of their domicile and/or work to those regulations and practices within the European Union, the Supplier strictly adheres to European and English Regulations and practices and cannot be held to be in breach of any other legislation outside that geographical area.

c. The Customer is entitled to see a copy of the information the Company holds about them on written request. The Supplier on receipt of the written request will provide the information to the Customer within a reasonable period of time and may charge a small administration fee.

4. Payment

a. The Supplier, through Google Checkout, accepts the following credit cards: Visa, MasterCard, Maestro and Solo.

b. Unless otherwise specified, prices do not include any VAT, local taxes or use-fees.

5. Rights reserved

a. All rights are reserved under international copyright law. No part of this book may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored in or introduced into a retrieval system in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise) whatsoever without prior written permission of the copyright owner.

6. Limitation of Liability

a. This paragraph 13 sets out the financial liability of the Company (including any liability for the acts or omissions of its officers, employees, agents and/or consultants) to the Customer in respect of:

i. any breach of this agreements

ii. any use made by the Customer of the Services or any part of them; and

iii. any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.

b.All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

c. Nothing in this agreement limits or excludes the liability of the Company

i. for death or personal injury resulting from negligence; or

ii. for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company.

d. Subject to paragraph 13 (b) and paragraph 13 (c), the Company shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

e. The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total price paid for the Services.

f. The Company will not be liable in any manner whatsoever for the loss or damage to any property belonging to the Customer during the provision of the Services.

g. The Company is not responsible in any way with the actions of any individuals at these events or for the personal safety of any individuals attending the event.

h. The company shall not be held responsible in any manner whatsoever for any offence caused to any Customer or person in the provision of the services at the Event and the Customer is held to understand the full nature of the services provided and exercise their full discretion in booking a place(s) at the Event

i. By registering to become a member or to attend an Event arranged by the Company, the Customer is agreeing that neither the Company is liable for any damages, direct or indirect, that may in any way arise out of a Company Event. This includes, without limitation, damages arising out of travelling to and from an Event, meeting or communicating with other participants and the actions of other participants in Events organised by the Company.

7. Indemnity

a. The Company

ii. The Customer shall indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages suffered by the Company or any representatives of the Company arising out of the breach of, or the negligence, bad faith, wilful misconduct or recklessness of the Customer in the performance of, any terms of the Agreement.

b. Third Party Suppliers

i. The Third Party Suppliers providing Services for the Company are independent contractors and not agents or employees of the Company or its affiliates. The Company and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Third Party Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therein.

ii. The Company and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

8. Insurance

a. The Customer confirms that they have adequate insurance for the Event and that the Customer has ordered including, without limitation, personal accident and personal liability insurance or, alternatively, the Customer confirms that it waives any requirement to obtain such insurance.

9. Force Majeure

a. The Company shall neither be liable to the Customer nor be deemed to be in breach of the Conditions for any reason of delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, where the delay or failure was due to any cause beyond the Company’s reasonable control and without prejudice to the generality or foregoing the following shall be regarded (without limitation) as cause beyond the companies reasonable control:

i. Acts of God, explosion, flood, tempest, fire or accident;

ii. War or threat of war, acts of terrorism, threats of terrorism, sabotage, insurrection, civil disturbance or requisition.

iii. Acts, registration, regulations, bye laws or measures of any kind on the part of any governmental, parliamentary, or local authority.

10.Disclaimer

The materials presented in this publication are for information purposes only. The information contained in this work is provided solely on the basis that readers will be responsible for making their own assessments of the matters discussed. Although every care is taken to provide links to suitable material from this work, the nature of the Internet prevents the guaranteeing of the suitability, completeness or accuracy of any of the material that this work may linked to. Consequently, the author can accept no responsibility for unsuitable, incomplete or inaccurate material that may be encountered. The author makes no claim as to the accuracy of the information in the work, or the accuracy of the information provided by third parties connected to the work or, in respect of links provided to other websites, the accuracy of the information on those sites. Whilst every effort has been made to ensure that the information is accurate, the author will not accept any liability for any loss or damage which may be incurred by any person acting in reliance upon the information contained in this work.

11.General

(a) No delay or failure of the part of any party enforcing a provision of this Agreement shall be deemed to be a waiver or to create a precedent or in any way prejudice any party's rights under this Agreement. The rights and remedies of the Company provided in this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law.
(b) The Company reserves the right to amend the Conditions in respect of any promotion, offer, or the like made or issued by the Company from time to time in relation to Services.
(c) This Agreement, together with the Company’s website policies constitutes the entire agreement between the Company and the Customer in relation to the provision of the Services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between them.
(d) The Customer shall not be entitled to assign its rights under this Agreement without the written consent of the Company.
(e) If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
(f) The Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales and the parties irrevocably agree that it shall be subject to the exclusive jurisdiction of the English Courts.