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VIVEUR NETWORKING LIMITED
WWW.VIVEUR.ORG
1. Interpretation
1.1. This website (“the Site”) is operated by Viveur Networking Limited (company no. 6413745) whose registered office is at 16 Clocktower Mews, Newmarket, Suffolk CB8 8LL (“We”, “Us”, “Our”).
1.2. References to the singular include the plural and to the masculine include the feminine and vice versa.
1.3. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
1.4. These terms and conditions (“the Terms”) apply to members of Viveur Networking Limited (“you” “Your”) and shall be read in conjunction with the Website Terms and Conditions which can be viewed here the Privacy Policy which can be viewed here and any other incidental agreements listed on the Site which you may be required to agree to from time to time and shall together form the agreement between you and us (“the Agreement”).
2. Introduction
2.1. Viveur Networking Limited is an organisation which provides services to its members to assist in and support the creation of lasting and productive business relationships.
2.2. It is important that you read and understand the terms of the Agreement before becoming a member. By paying your subscription fee in accordance with Clause 4 below you agree to be legally bound by this Agreement, as it may be modified from time to time.
2.3. You acknowledge and agree that once you have made payment of the subscription fee or payment for a networking event we shall have commenced the provision of our services to you and you shall not be entitled to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 or by such other consumer regulation as may apply from time to time.
3. Membership eligibility
3.1. Only those persons aged 18 or over shall be eligible for membership;
3.2. All members must have a bona fide interest in business networking and hold a position of authority which allows them to make material decisions and can legitimately enter into business relationship with other members.
4. Registration
4.1. If you wish to become a member you are required to pay the subscription fee and register with us by completing and submitting the form on our “registration” page.
4.2. Once you have registered an account with us, you can log into your account using your username and password selected by you during registration.
4.3. For the purposes of verifying your identity we may use the data provided by you (whether or not it is personal data, in which case it will be treated in accordance with the Privacy Policy) to establish the veracity of all the information you have provided when registering.
4.4. If you register your details you are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.5. We reserve the right to refuse any membership application in our absolute discretion without giving any reason. In the event that we reject an application after we have received the membership subscription fee we shall within a period of 14 days from the date we receive the registration refund the fee in full.
5. Payment and membership
5.1. All membership accounts last for a period of one year from the date of registration. You may purchase membership for £195 plus VAT. We must receive payment of the whole of the price for the membership before our services are available to you.
5.2. Fees for networking events must be received by us in accordance with the terms as set out on the Site from time to time.
5.3. You can make secure payment for subscription fees and event fees via the Site or you can send a cheque made payable to Viveur Networking Limited to the address at the foot of these Terms.
6.1. You shall not be entitled to a refund of your subscription fee (or any amount thereof which corresponds to an unexpired portion of your membership) in the event that after paying such fee you no longer wish to be a member or in the event that access to the Site and the services provided by us are restricted or suspended in accordance with Clause 9 below or otherwise.
6.2. Subject to Clause 6.3 you shall be entitled to a refund of any fee or fees paid by you in respect of an event organised by us or on our behalf provided that you provide us with written notice of cancellation not less than sixty (60) days prior to the event. Once we have received such notice of cancellation any such refund will be re-credited to you.
6.3. We shall be entitled to deduct from any refundable payment under this agreement an administration fee of 25% of the amount to be re-credited to you.
7. Our services
7.1. Upon receipt of your payment and registration in accordance with this Agreement you shall become a member of Viveur and be entitled to:
7.1.1. access the Member Homepage on the Site;
7.1.2. create your own profile page which can be viewed by other members;
7.1.3. view other members’ profile pages;
7.1.4. receive and view information regarding forthcoming networking events; and
7.1.5. attend and participate in networking events subject to availability and to the payment of applicable fees;
8. Events
8.1. All networking events can be booked in accordance with these terms and any further terms which may appear on the Site from time to time.
8.2. Booking an event does not automatically constitute confirmation. All bookings are received subject to our confirmation by email to you.
8.3. Whilst we shall endeavour to organise one event per month we provide no guarantee to organise a minimum number of events during the period of your membership and we provide no guarantee that an event will take place at a particular time or on a particular date and we reserve the right to reschedule or cancel any event without reason or liability.
8.4. We reserve the right to cancel any event provided that if such cancellation takes place after the applicable fee is received by us we shall within 30 days of notice of such cancellation provide you with a full refund of all fees paid for attendance at such event.
8.5. You agree that during the course of any event at which you attend that you shall at all times act and conduct yourself in a responsible, courteous, professional and honest manner and in a manner which is in keeping with the reasonable standards expected having due regard for the surroundings and environment in which an event is taking place and in accordance with any applicable laws, regulations, bye-laws, house rules or codes of conduct.
8.6. Subject to our prior approval you may from time to time be entitled to invite a guest to an event provided that any such guest shall be subject to the requirements as set out in this clause and you shall be responsible for their conduct at all times.
8.7. We reserve the right absolutely to eject you from an event if you fail to comply with any of the terms of this agreement or if in our absolute discretion we are of the opinion that your conduct may be construed as causing danger, nuisance or annoyance to other attendees or in our opinion is likely to cause danger, nuisance or annoyance to other attendees or your conduct is contrary to the general ethos and spirit of this Agreement and membership of the Viveur network.
8.8. We exclude to the fullest extent permitted by law any responsibility or liability for any loss injury or damage to you or to your property which take place is sustained as a result of you attendance at an event organised by us.
9. Suspension and termination of membership.
9.1. We reserve the right to terminate or suspend any aspect of your membership without notice or refund to you should you commit any breach of the Agreement or in our reasonable discretion we believe it is your intention to commit a breach of the Agreement or we believe you are acting in a way which is contrary to the spirit of our networking group. For the avoidance of doubt such termination or suspension shall include without limitation your right to participate in networking events.
9.2. We reserve the right to terminate your membership on notice to you at any time in our absolute discretion without giving any reason. In the event that we terminate your membership in accordance with this Clause 9.2 we shall refund you a pro-rated amount of your subscription fee based on the unexpired portion of your membership.
10. General conduct and warranties
10.1. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
10.2. You warrant that any information and content posted, uploaded, or otherwise sent by any means by you to the Site shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete
10.3. You warrant that you are free to enter into this Agreement and your use of the Site and/or your membership does not violate the terms of this Agreement or breach any applicable laws.
11. Licence of rights and publicity
11.1. By submitting content and information to us as described above you agree to grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the Site.
11.2. You grant us the non-exclusive right to use the content you have submitted including your name, photograph, biographical material and any other content provided by you in connection with the promotion and advertising of events and our business generally.
11.3. You agree that by attending any networking event organised by us you grant to us the right (and the right to authorise others) to take your photograph and the absolute and unfettered right to use any such photograph(s) or any other reproductions or adaptations of the same throughout the world in all media for the purposes of advertising and publicity and any other commercial use.
11.4. You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
12. Limitations and liability
12.1. We are not responsible, and we accept no liability, for any failure, loss, damage or breach arising between you and any other member in connection with any contractual or other relationship that you create, establish or have with that member or in connection with any transaction that you are discussing, negotiating or concluding with that member. We will not be responsible for any consequential loss or commercial or business loss or loss of profits, goodwill, data or business opportunity. Any liability that we have to you shall be limited to the total of any fees that you have paid to us in relation to the use of the Site or such other service that we may provide from time to time.
12.2. We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible.
12.3. We accept no liability whatsoever over the quality, legality or safety shall or as to the fitness or otherwise of any venue at which a networking event or any other event organised by us or on our behalf is held or in respect of the owner or occupier of such venue;
12.4. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the any information and related graphics published on the Site.
12.5. Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13. Indemnity
You waive any claim you may have against us that is in any way connected with a dispute you have with another member and you will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties in Clause 10 above and any other term of the Agreement.
14. Notices
Except as otherwise stated, any notices you wish to send to us should be e-mailed to info@viveur.org. Any notices that we may wish to draw to your attention will be displayed on our Site.
15. Electronic communication
When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Events Beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
17. Law and jurisdiction
This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
18. Conflict of terms
Except as otherwise expressly provided for in these Terms, to the extent that there is any conflict between any of the other documents which make up the Agreement these terms shall take precedence.
19. Invalidity
If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Assignment
We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.
21. No waiver
A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
22. Third party rights
No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
23. Nature of agreement
This Agreement shall not constitute a partnership, agency or joint venture between the parties.
24. Application of Terms to Non-Members
Non-members of Viveur may from time to time be invited to attend networking events held by Us. Such persons shall not become members of Viveur and shall not have access to the members section of the Site or any other benefits available from time to time to members. These terms and conditions together with our Privacy Policy, which can be viewed here, and any other terms specified by Us on the Site or elsewhere shall constitute a legally binding contract with any non-members booking to attend networking events hosted by us. Conditions 1.4, 2.1, 2.2, 3, 4, 7 and 9 shall not apply to any non-member bookings. All bookings by non-members are at Our absolute discretion and may be rejected by Us at any time without giving any reason.
Viveur Networking Limited
16 Clocktower Mews,
Newmarket,
Suffolk
CB8 8LL