Tipped - Website Access Terms and Conditions

The services at this website, http://www.tipped.co.uk ("Tipped") are provided to you ("You"/"Your") by Tipped Ltd, a company registered in England and Wales under registration number 06071275, with its registered address at The Old Fire Station, 140 Tabernacle Street, London, EC2A 4SD ("We"/ "Us"/"Our"). Our VAT number is [6071275].

These terms and conditions (the "Terms") are the terms on which Tipped is made available to You, whether or not You are a registered user. By accessing Tipped, You agree to be bound by these Terms. If You do not accept these Terms, please stop using Tipped immediately. If You have any questions, complaints or comments on this Website please contact Us at http://www.tipped.co.uk/contact. Please note that these Terms permit the use of Tipped in a personal capacity only.

  • 1. TIPPED.COM SERVICES
  • 1.1 Tipped provides an online community for people to get, give and share tips on all the great, unique and interesting places in their local area. Users are able to:
    • 1.1.1 Get Tips — by searching by any keyword and/or location, or browsing by category, or tag;
    • 1.1.2 Give Tips — by submitting reviews for existing places, or submitting a new place to be added to Our database; and
    • 1.1.3 Share Tips — by sharing personal favourites with existing or new contacts, together the "Services".
  • 1.2 The Services at Tipped can also be accessed by mobile phone. This service is provided free of charge, but please be aware that operator [data ] charges may apply.
  • 1.3 [If prices are referred to on Tipped, these are, unless otherwise stated, expressed [inclusive/exclusive] of VAT and delivery.]
  • 2. YOUR USE OF TIPPED
  • 2.1 You agree that in using Tipped You will not:
    • 2.1.1 use Tipped in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
    • 2.1.2 use Tipped for any purpose other than Your personal use;
    • 2.1.3 email, post, transmit or otherwise disseminate any content which:
      • 2.1.3.1 is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, or threatening, abusive or hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
      • 2.1.3.2 includes personal data regarding another Tipped user, including without limitation, their e-mail, address, or other contact details that would enable another Tipped user or third person to contact them without using Tipped or without their express consent;
      • 2.1.3.3 infringes the copyright or any other right of a third party; or
      • 2.1.3.4 promotes or contains information which You know or believe to be inaccurate or misleading;
    • 2.1.4 use Tipped to impersonate any person or entity (including but not limited to Our employees or representatives) nor falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • 2.1.5 [advertise or promote [third party or] Your own products or services including by way of the distribution of 'spam' email, or advertise or offer to buy or sell goods or services for commercial purposes;]
    • 2.1.6 transfer files that contain viruses, trojans or other harmful programs;
    • 2.1.7 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Tipped's security measures.
  • 2.2 We do not actively monitor Tipped nor exercise active editorial control over user content or the content of any third party sites or other material created or accessible over or through Tipped, but We operate instead on a "notice and takedown" basis. If You feel that any other user of Tipped has breached any of the restrictions above, or if you have any other complaints or objections to material or content on Tipped, please contact us immediately at http://www.tipped.co.uk/contact and We will expeditiously take such action as We deem necessary, including, where necessary, using all reasonable endeavours to remove illegal content within a reasonable time.
  • 2.3 If We have reasonable grounds to believe You have breached any of the above restrictions, We reserve the right to:
    • 2.3.1 suspend, restrict or terminate Your access to this Website at any time without notice at Our discretion;
    • 2.3.2 remove any content from Tipped; and
    • 2.3.3 take any other action that We deem necessary including, in the case of illegal activities, commencing legal proceedings.
    We also reserve the right to monitor and remove content which in Our reasonable discretion breaches the above restrictions.
  • 2.4 You acknowledge that submitting a Tip does not guarantee that the Tip, or any part of it will appear on Tipped. After submitting a Tip, You will not be able to edit or delete it, but if You become aware of any inaccuracy in material submitted by You or by anyone else, please contact Us at http://www.tipped.co.uk/contact.
  • 3. YOUR LEGAL OBLIGATIONS/ YOUR PROMISES TO US
  • 3.1 You confirm that:
    • 3.1.1 [You are over 18 [, or if You are under 18 that You have permission from a parent or guardian to use this Website]];
    • 3.1.2 all information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times (note that You can update or correct Your personal details at any time by amending Your Account details) ;
    • 3.1.3 You will comply with the restrictions on Your use of Tipped as set out in paragraph 2 and as set out elsewhere in these Terms; and
    • 3.1.4 in relation to any Tips, reviews or other material submitted to or posted on Tipped You have the right to do so and have obtained all necessary licences and or approvals.
  • 3.2 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Tipped including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
  • 4. REGISTRATION, PASSWORDS AND SECURITY
  • 4.1 In order to submit Your own Tips and share Tips with like-minded people, You will need to become a registered user of Tipped. Upon registering, You will be asked to provide certain details for Your user profile, some of which are optional, as well as selecting a valid e-mail address which will become Your User Name and a Password. Any personal information provided by You will be treated in accordance with Our Privacy Policy http://www.tipped.co.uk/privacy. We will then send You a validation request by e-mail. Once You have verified the e-mail address, You will be able to log in to Tipped and benefit from the full range of services.
  • 4.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using Tipped and will not be liable where Your Password or User Name is used by someone else. You agree to notify Us immediately by email to info@tipped.com of any unauthorised use of Your Password or User Name of which You become aware.
  • 4.3 You can cancel Your registration with Us at any time by info@tipped.com.
  • 5. OUR COPYRIGHT AND YOUR GRANT OF A COPYRIGHT LICENCE
  • 5.1 Your use of Tipped and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Tipped and its contents.
  • 5.2 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on Tipped or the computer codes of elements comprising Tipped other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
  • 5.3 Any use other than that permitted under this clause 5 may only be undertaken with Our prior express authorisation.
  • 5.4 By submitting information, text, photos, graphics or other content to Us via Tipped, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Tipped.
  • 6. LINKS TO AND FROM OTHER WEBSITES
  • 6.1 You may establish links to Tipped provided:
    • 6.1.1 You link only to the home page of the Tipped website;
    • 6.1.2 You do not remove or obscure advertisements, copyright notices or other notices on Tipped;
    • 6.1.3 You give us notice of such link by sending an e-mail message to http://www.tipped.co.uk/contact; and
    • 6.1.4 You immediately stop providing links to Tipped if notified by Us.
  • 6.2 We may provide links to other websites from time to time (via advertising or otherwise). These links are provided for Your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites. You agree that You will not involve Us in any dispute between You and the third party.
  • 7. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
  • 7.1 We have no responsibility or control over the contents of communications made by or between Tipped users and cannot be held liable for any contents of or consequences of such communications or content. Please be aware that any information provided by another Tipped user may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using Tipped and providing any information to another Tipped user. You may find other Tipped users' use of Tipped offensive, harmful or deceptive. If You have any complaints regarding another Tipped user then You should contact Us at http://www.tipped.co.uk/contact. Please note that We are under no obligation to take any action against a Tipped user unless required by law.
  • 7.2 Nothing in these Terms and Conditions shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence of Our employees or agents.
  • 7.3 To the maximum extent permitted by law, We shall not be liable, in any way for any loss arising from or in connection with
    • 7.3.1 loss of revenues, profits, contracts or business or failure to realise anticipated savings, or
    • 7.3.2 any loss of goodwill or reputation, or
    • 7.3.3 any indirect or consequential losses suffered or incurred by You arising out of or in connection with Tipped, including these Terms.
  • 7.4 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of Tipped and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.
  • 7.5 Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information on Tipped itself will be free from errors or omissions.
  • 7.6 We do not warrant that Tipped will be available uninterrupted and in a fully operating condition.
  • 7.7 Access to Tipped may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
  • 7.8 All content and services on Tipped are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of Tipped or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via Tipped.
  • 7.9 Any decisions or action taken by You on the basis of information provided on or via Tipped are at Your sole discretion and risk and You should obtain individual professional advice where necessary. Any dealings between You and any third party accessed on or via Tipped including payment for and delivery of products, services and any other terms and conditions associated with such dealings are solely between You and the relevant third party. Where a Tip includes information on opening times, accessibility or availability, please check with the relevant venue or organisation before setting out or incurring any expense. Nothing in this clause 7 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
  • 7.10 Tips included on Tipped represent the views, opinions, advice and recommendations of users of Tipped and are not endorsed by Us. To the maximum extent permitted by law, We will not be responsible for the accuracy, defamatory nature, completeness or otherwise of such views opinions and advice.
  • 7.11 [Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with Tipped, including these Terms shall, to the maximum extent permitted by law, be limited in aggregate to [£1,000].]
  • 8. SECURITY AND PRIVACY
  • 8.1 You must read Our Privacy Policy http://www.tipped.co.uk/privacy which contains important information about the use of Your personal data other information regarding Your privacy and Our security processes and policies.
  • 8.2 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching clause 2.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of Tipped.
  • 9. CHANGES TO THESE TERMS AND CONDITIONS
  • We are constantly looking for new ways to improve Tipped and the Services made available through it. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on Tipped and You will be deemed to have accepted any such changes by Your use of Tipped from such time.
  • 10. SEVERANCE
  • If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
  • 11. GENERAL
  • 11.1 These Terms and any document referred to in them constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms and supersede any previous agreement or understanding between the parties in relation to such subject matter.
  • 11.2 Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between You and Us and neither party shall have authority to bind the other in any way.
  • 11.3 No failure or delay by Us in enforcing these Terms shall be interpreted as a waiver of Our rights under these Terms or of any other rights available to Us.
  • 11.4 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
  • 12. GOVERNING LAW AND JURISDICTION
  • In the event of any dispute between You and Us concerning these Terms, English law will apply. If You wish to take court proceedings against Us You must do so within the courts of England and Wales or (if your are domiciled in Scotland) in Scotland.

These Terms were last updated on 24 Jul. 07 © 2007 Tipped Ltd. All Rights Reserved