Terms and Conditions
Contents
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General
Haileybury Society is a trading name of the Aluminati Network Group
Limited (registered in the United Kingdom with company
number: 4953058).
The following are the Terms and Conditions
for use of the Company's System and Services (hereinafter
referred to as the "Service") provided by the
Aluminati Network Group Ltd of 4 Minton Enterprise Park,
Oaks Drive, Newmarket, CB8 7YY, United Kingdom (hereinafter
referred to as "A.N.G.") .
Your use of the System and / or Services will
be deemed by us to signify your acceptance of these Terms
and Conditions including our Privacy Policy and will form
a legally binding contract between you and the Company.
BY COMPLETING THE REGISTRATION PROCESS, YOU
ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT
YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS
OF THE SERVICE. The Service is offered to you conditional
on your acceptance without modification of the terms, conditions,
and notices contained herein. You re-affirm your agreement
every time you use the System or the Services whether or
not you have paid a subscription fee.
Visitors to the System who do not apply for
Registration or who do not have Membership affirm their
acceptance of these Terms and Conditions each time they
visit the System or use the Services.
Your agreement is directly with the Company and
not any website or affiliate that you are using to access
this service.
Definitions
In these Terms and Conditions the following
definitions shall apply:
'Service Provider', ’Company’, ‘Us’,
‘We’ and ‘Our’ means - Haileybury Society as
a trading name for A.N.G.
'Visitor', 'User', ’Member’, ‘You’
and ‘Your’ means - anyone who is visiting
the website, is on a free trial period, has a Membership
with the System or has completed the Registration section
within the System; anyone visiting the System or using the
Services whether or not they have a Membership, to search
for and communicate with us, other Members or companies
or employment opportunities
'Applicant' means - anyone who is applying
for, or intending to apply for, Membership by completing
registration and verification.
'Membership' means - the Member’s
subscription to use the Services, following the completion
by the Member of the Registration and Verification sections
within the System, whether or not the Member has paid money
to the Company
'Registration' means – that
part of the System where Members or Clients supply information
about themselves with a view to attaining Membership for
use by the Company in line with its Privacy Policy.
'Verification' means - the part of registration
whereby an applicant provides evidence of their identity
and establishes their eligibility for membership.
'The System' means - the Services,
facilities, functionality, content, graphic design, links
and other information provided on the web-sites owned and
run by A.N.G.
'The Services' means - the provision
of communication, searching facilities and any other services
that we decide to offer to Members and Clients.
'Website' means - the main website
with the URL http://www.hailsoc.net and other websites owned and run by the Company
Endorsement Disclaimer
The Company does not claim to be sponsored
or endorsed by or be affiliated to any university or academic
establishment unless otherwise stated. No deliberate attempt will be made to deceive
current or potential members into thinking that this is
the case.
Membership Entitlement,
Registration and Verification
Applicants are expected to provide accurate
and true information about themselves during the verification
process to establish eligibility for membership.
Where the System and/ or the Services is aimed
towards a specific community (for example, current
students and graduates of a University) the
applicant must rightfully belong to that community and must
not pass themselves off as belonging to it if they do not.
In completing the Registration section and
using the System and/ or the Services the Member must not
impersonate another person or Member.
You may be asked to give a verification code
that is emailed to you to establish ownership of your address.
You are specifically prohibited from colluding with another
party who allows you access to their email account in order
to falsely verify yourself.
The Member specifically grants authority to
the Company to carry such validation checks as it sees fit
in order to confirm as accurate the information supplied
by the Member to the Company.
Upon request at any time from the Company
the Member shall confirm the details in the Registration
form and provide such other information as the Company may
reasonably request from time to time.
If any information provided by the Member
is untrue, inaccurate, obsolete or incomplete, the Company
has the right to immediately terminate the Member’s
Membership (without refund) and refuse any and all current
or future use of the System.
The Company will place reliance on the accuracy
of information supplied by the Member. The Member is liable
for any loss to the Company as a result of their misstatement
or inaccuracy.
Members are reminded that any attempt to deceive
the Company through acts of forgery or other illegal activity
may be reported to law enforcement authorities.
Acceptance of applications for Membership
is at the Company’s sole discretion. We reserve the
right to refuse Membership to any person without giving
an explanation.
Member Obligations
and Prohibitions
The Member agrees:
· to comply with all requirements,
procedures, policies and regulations of networks connected
to the System
· not to interfere with or disrupt
the System or servers or networks connected to the System
· not to gain or attempt to gain unauthorised
access to other computer systems or networks connected to
the System nor attempt to gain access to other Members'
accounts
· not to use the System in a manner
or for a purpose that violates the rights of another, including
but not limited to the intellectual property rights of another
· not to interfere with the use and
enjoyment of the System by other users
· not to include in any communications
sent or posted via the System and/or the Services any harassing,
libellous, privacy invading, abusive, threatening, harmful,
vulgar, obscene, tortuous, racist or otherwise objectionable
material of any format (including text, photos or images)
· not to use the System in a manner
that may transmit a virus, corrupted file, ‘Spider’,
’Trojan Horse’ or other hostile program or software
· not to transmit ’junk mail’,
’spam’, ’chain letters’, or unsolicited
mass distribution of marketing or other materials or communications
including (without limitation) those connected to pyramid
selling schemes
· not to resell, rent or hire any content
of the System (specifically any information contained in
any directory) or use of or access to the System
- not to use the Company's System or Services
for commercial use (although emails of a business nature
are permitted)
· not to impersonate any other person,
while using the System
- not to use the service in any manner which
violates any city, state, national or international law
or regulation or which fails to comply with accepted Internet
protocol
Furthermore, the Company reserves the right,
but has no obligation, to reject or remove any communication,
profile or other material that does not comply with the
letter or spirit of these Terms and Conditions.
Password Security
The member is responsible for the security
and protection of their password. This includes selecting
a password that is sufficiently difficult to crack (i.e.
of sufficient length and including non-alphabet characters).
The Company will NEVER ask Members for their password and
Members are advised against telling anyone their password.
Passwords are stored in encrypted form so that they are
not useable even if the password file/database were accessed.
The Member must notify the Company if they suspect that
their account has been compromised.
In very rare cases members may request that
the Company access their account with their password. In
doing so members agree to indemnify the Company against
any and all losses or damages that may result from such
access. Afterwards, the Member must then change their password.
Reporting Abuse
We encourage Members to report to the company
abuses of the System and/ or the Services by visitors or
other Members. Such abuses shall specifically include:
· breaching of Member Obligations which
are set out in these Terms and Conditions
· passing off as a rightful member
of a community (eg a University) when they are not
· sending emails containing malicious
software or unsolicited commercial content (or any other
message that would normally be classified as SPAM).
Please report any abuse to: abuse@aluminati.net
Misuse Damages
The Service Provider will immediately terminate
any account which it believes, in its sole discretion, is
transmitting or is otherwise connected with any deliberate
sending of malicious software, spam or other unsolicited
bulk email. In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably calculated
then you agree to pay the Service Provider liquidated damages
of $5 for each infected message, piece of spam or unsolicited
bulk email transmitted from or otherwise connected with
your account, otherwise you agree to pay the Service Provider's
actual damages, to the extent such actual damages can be
reasonably calculated.
Member Profiles
We are not (and cannot be) responsible for
the information posted by Members about themselves during
Registration and will not (and cannot be expected to) verify
all such information excepting those details covered in
our Verification process.
The Member warrants to keep up to date the
information pertaining to them in their Profile and to update
it when changes occur.
The member may choose how much of their profile
is visible to any directory service that we offer.
Content Uploaded by
Members
The Service Provider does not claim ownership of Content
you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
for public or shared access on the Service, you grant world-wide,
royalty free and non-exclusive licence(s) to use, distribute,
reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose
for which such Content was submitted or made available.
This licence exists only for as long as you elect to continue
to include such Content on the Service and will terminate
at the time you remove or the Service Provider removes such
Content from the Service.
Competitions
and Promotions
By participating in any competition or promotion
that the Company runs you agree that the Company may publish
and use your personal details in the event that you are
a winner or recipient of a prize. By participating you agree to the terms and conditions specific to that event.
Service Level
The Company does not make any representations
or warranties regarding the reliability of the System or
the Services. Whilst reasonable efforts will be made to
ensure the continuous operation and availability of the
System, the Company does not guarantee the continuous operation
of the System and from time to time the System may not be
available. The Company will from time to time suspend the
System to carry out technical maintenance and, if possible,
will make every effort to give sufficient warning about
such downtime by posting an announcement on the main website.
The Company is not liable for any loss or inconvenience,
of any nature whatsoever, incur ed or sustained by any Member
due to the disruption, discontinuation or unavailability
of the System at any time. Each Member uses the System and
the Services and the internet in general at their own risk.
Storage
Whilst we have technologies in place to increase
the safety and reliability of users' data, the Company shall
not be responsible for storing any information or materials
on a Member’s behalf. The Member is advised to maintain
backup copies of their important data. The Company accepts
no liability for any loss caused by Member data being lost,
corrupted or temporarily unavailable.
You are expressly prohibited from storing
any content in your account that is illegal. This includes
but is not limited to: copyrighted material for which you
do not hold a licence, illegal pornography and malicious
software such as trojans, viruses or worms. The Member must
never upload such content and must immediately delete any
emails containing such content, although the prior forwarding
of such emails to investigative bodies is permitted.
The Company assumes no responsibility for
the deletion or failure to store, deliver or deliver messages
timely. Without limiting the foregoing, the Company may,
from time to time and without notice, set limit(s) on the
number of recipients and the size and number of messages
a member may send, store, or receive through the service,
and the Company retains the right to delete any E-mails
above such limit(s) as well as to deactivate any account
which is over such limit(s) without any liability whatsoever,
and User hereby releases the Company from any such liability.
Any notice provided by the Company to Users in connection
with such limit(s) shall not create any obligation to provide
future notification regarding any change(s) to such limit(s).
The Company is not obliged to monitor your
quota usage and accepts no responsibility for loss of data,
or other restrictions, due to your account being over quota.
It is the Member's responsibility to clean out unwanted
emails and content from their accounts periodically.
The Company reserves the right to delete any
material from your account if it is deemed illegal by the
company or if we have received proper instruction from a
Court of Law to do so.
Pricing and Payment
The price of Membership and the Services shall
be as published within the System from time to time. The
published price relates to services bought at the time only
by the Member and the Company does not guarantee that those
prices will be available to the Member in respect of Services
purchased in the future.
The Company reserves the right from time to
time to change the price of Membership and the Services.
Such changes will be posted to the System. Such changes
will not affect the then-current Membership or paid-for
services but will apply when membership is due for renewal.
Payment to the Company should normally be
made by credit or debit card on-line via the System. The
Member warrants that they have full authority to use that
card and sufficient credit limit or funds to cover the charges.
Members will be reminded via email to their
account that payment is due and any instructions, terms
or other detail within that email, including but not limited
to amount, payment methods, surcharges, deadlines and late
payment terms, will apply.
The Company is willing to accept cheques made
payable to Haileybury Society and sent, along with a
printed order form, to the address of the Company as listed
within the System.
Our prices are all-inclusive and quoted in
pounds sterling. Members from overseas are responsible for
making their own calculations with regard to exchange rates
and accept the prevailing exchange rate conversion (as listed
at www.xe.com) between sterling and their home currency
at the time of making a purchase of Services via the System.
This rate should be confirmed with the Company prior to
payment.
The Member is responsible for any charges incurred in making payment from abroad and must add these charges to the payment so that the final amount remaining after deductions equals the amount due.
The Member must pay to the Company the full
price of the Services due at the time of purchase without
set-off, deduction, counterclaim, or other withholding of
monies.
The Company may charge a processing fee for
particular forms of payment that cause the Company to incur
additional charges.
Payment from the Member to the Company will
be deemed to be made when the Company has received cleared
funds from the Member in respect of the full amount outstanding.
All monies paid by the Member to the Company
are non-refundable.
Privacy
Policy
The Company’s Privacy
Policy is published within the System. This Privacy
Policy forms part of these Terms and Conditions, and by
agreeing to these Terms and Conditions, and/ or by registering
or by using the System and / or the Services, the Member
agrees to and accepts the Company’s Privacy Policy.
Rights to Name
User represents that the username selected by the User
conforms with the Service's requirements and that when used
alone or combined with a second or third (or lower) level
domain name, does not interfere with the rights of any third
party and is not being selected for any unlawful purpose.
User acknowledges and agrees that if such selection does
interfere with the rights of any third party or is being
selected for any unlawful purpose, the Company may immediately
suspend the use of such email address, and User will indemnify
and hold the Company harmless, in accordance with the Indemnification
section above, for any claim or demand against the Company
that arises out of such selection. User acknowledges and
agrees that neither the Company nor any of its licensors
shall be liable to User in the event the Company is ordered
or required, as a result of a court order or legal settlement,
or contractual requirement with any licensor, to desist
from using or permitting the use of a particular domain
name as part of an E-mail address. If as a result of such
action, User loses an E-mail address, the User's sole remedy
shall be the receipt of a replacement E-mail address.
Third
Parties and Linked Sites
The System may contain links or connections
to other web-sites or services provided by parties other
than the Company, including but not limited to subsidiaries
or associated companies of the Company, advertisers and
partners. The provision of links or connections to such
parties by the System does not imply any endorsement of
the material provided or any association with their owners
or operators. The Company accepts no liability or responsibility
for material published or services offered by any such party.
The Member is responsible for reviewing and accepting the
Terms of service at any linked website.
Limitation of Liability
The Company is not be liable to any Member
or any other person for loss or damage incurred or sustained
by them of any nature, howsoever arising. Without prejudice
to the generality of the foregoing:
· the Company shall not be liable to
any Member or any other person for loss of profit, revenue,
business or contracts, direct, indirect, punitive or consequential
loss or damage however arising, including loss or damage
arising from fraud or negligence even if such loss or damage
was foreseeable and / or brought to the attention of the
Company.
· the Company shall not be responsible
for verifying information supplied by Members and Clients
within the System or via the Services. The Company does
not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by Members or Clients
or other users nor does the Company monitor or screen every
part of the System, or endorse any opinions expressed by
Members and Clients. The Company accepts no liability for
loss arising to Members as a result of reliance placed by
them on information supplied by other Members.
- the Company shall not be liable for any
loss sustained by a Member as a result of the misuse of
the System or the Services, or the misrepresentation or
other breach of these Terms and Conditions by another Member.
- the Company shall not be liable for any
loss sustained by a Member as a result of matters beyond
the reasonable control of the Company.
-The Service Provider does not represent or
warrant that the Service will be uninterrupted or error-free,
that defects will be corrected, or that the Service or the
server that makes it available, are free of viruses or other
harmful components. The Service Provider does not warrant
or represent that the use or the results of the use of the
Service or the materials made available as part of the Service
will be correct, accurate, timely, or otherwise reliable.
-You specifically agree that the Service Provider
shall not be responsible for unauthorized access to or alteration
of your transmissions or data, any material or data sent
or received or not sent or received, or any transactions
entered into through the Service. You specifically agree
that the Service Provider is not responsible or liable for
any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement
of another's rights, including intellectual property rights.
You specifically agree that the Service Provider is not
responsible for any content sent using and/or included in
the Service by any third party.
-Notwithstanding nor diminishing the terms
contained herein, the maximum liability that the Company
accepts towards any Member shall be limited to the amount
paid by that Member to the Company in respect of the Member’s
current period of Membership.
Indemnities
- User agrees to indemnify and hold the Company and its
licensors, parents, subsidiaries, affiliates, network partner
sites, officers and employees ("Affiliated Parties"),
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of User's use of the Company's Service, the violation
of the Agreement by User, or the infringement by User, or
by any other user of the Company's Service using User's
computer, of any intellectual property or other right of
any person or entity, or as a result of any threatening,
libellous, obscene, harassing or offensive material contained
in any User communications.
Disclaimer of Warranty
THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE COMPANY'S
SERVICE. THE COMPANY'S SERVICE IS PROVIDED ON AN "AS
IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE
OF, OR ARISING OUT OF THE USE OF THE COMPANY'S SERVICE IS
BORNE BY USER. THE COMPANY MAKES NO WARRANTY REGARDING ANY
GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH
THE USE OF THE COMPANY'S SERVICE. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
Copyright and Trademark
Notices
All source code, executable code, page designs and other
copyrightable material (unless otherwise stated) are Copyright
© 2002-2003 Aluminati Network Group Limited, and are
used by its subsidiaries under licence from the Aluminati
Network Group Ltd. All rights reserved.
Termination
The Member can terminate their Membership
at any time by contacting via email the Company's support
department.
The Company has the right to terminate the
Membership, without notice and effective immediately, of
any Member who breaches any part of these Terms and Conditions,
if such action would be deemed necessary to protect the
interests of the Service and its members, or if required
to do so by law.
If the Member cancels or withdraws their membership
part way through a subscription period for which the Member
has paid, or if the Company properly terminates the Member’s
Membership, the Member shall not be entitled to any refund
by the Company in respect of their Membership subscription.
Any Member who has their account terminated
by the Company must not re-register unless with the express
permission of the Company.
In the event of a termination, the Company
shall have no obligation to maintain any content in your
account or to forward any unread or unsent messages to you
or any third party.
Notices
All notices, approvals and other communications
to be given under these Terms and Conditions shall be by
email or, if in writing, must be sent by first class post
or facsimile (such facsimile notice to be confirmed by letter
posted first class within 24 hours of the transmission of
the relevant facsimile) to the other party.
Severability
If any provision or part of these Terms and
Conditions shall at any time be held to be void, invalid
or unenforceable, such provision shall be construed as severable
and shall not in any way affect or render void, invalid
or unenforceable any other provision of this Agreement,
and this Agreement shall be carried out as if void, invalid
or unenforceable provision were not part of this Agreement.
Action Limit
Any cause of action arising out of or related
to this Service must commence within one (1) year after
the cause of action arises; otherwise such cause of action
is permanently barred.
Headings
The headings in this agreement are present
solely for readability and are not to be used in the interpretation
of any clause.
Transferability
In the event that the Company or its assets
are sold, the System (including the database containing
Members’ Registration details) is likely to be included
in the transferred assets. Each Member irrevocably agrees
to make no objection to such a transfer so long as the purposes
for which the assets are used by the acquiring company are
broadly similar or equivalent to that of the Company. The Member may close their account without refund in the event of a transfer.
The Company reserves the right to assign its
rights and responsibilities under this agreement to any
3rd party.
Modification
We reserve the right at our discretion to
change, modify, add or rename any part of these Terms and
Conditions at any time, and your continued use of the System
and / or the Services after any such changes are clearly
posted on the Website indicates your acceptance of those
changes. It is the Member's responsibility to regularly
review the news section of the website to keep up to date
with any changes in this Agreement.
The Company may at any time and without notice
to the Member make changes to the Website, System or the
Services it provides or make inconsequential editions that
do not change the meaning of the content (such as to correct
typographical or layout errors) in any Agreements.
Language
It is the express will of the Parties that this agreement
and all related documents have been drawn up in English.
C'est la volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient
rédigés en anglais.
Entirety
This Agreement and these Terms and Conditions
constitute the entire agreement between each Party. The
Member acknowledges that he or she has relied on no other
warranty or representation, oral or written, made by the
Company at any other time other than those specifically
referred to in this Agreement.
Law and Jurisdiction
This Agreement and these Terms and Conditions
shall be governed and construed in accordance with English
Law, and the Parties irrevocably submit to the exclusive
jurisdiction of the courts of England and Wales.
General Reservation
Any rights not expressly granted herein are
reserved.
Contact
Terms and Conditions Enquires
The Aluminati Network Group
4 Minton Enterprise park
Oaks Drive
Newmarket
Suffolk CB8 7YY
U.K
Email: terms@aluminati.net
Fax: +44 (0)1638 668 890 |
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