Terms & Conditions

Terms & conditions applicable to Members and other Users of this website 1. DEFINITIONS These terms & conditions the following words have the following meanings unless the context requires otherwise: "Agreement" means the agreement between “You” (a Member or a User) and “Us” (8BM or any of its subsidiaries or group companies) incorporating these Terms and Conditions for the provision of the Service; “Dispute” is the process activated when two or more 8BM Users cannot reach their own amicable agreement and therefore request 8BM to settle the matter. "Information" includes, without limitation, all Conditions content, software, data, text, photographs, graphics, sound and video; "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same; "Liability" means a liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs or other similar losses; "Member" means any person who holds a Profile on the Website and has been accepted by Us as a Member; "Post" means display, exhibit or publish, Information on the Website; "Profile" means the section of the Website containing details, photographs and/or other Information about You; "Service" means the service provided by Us to You including, but not limited to, Our allowing You to browse and/or post information on the Website, and to contact and/or be contacted by other Members through the Website ; "User" means any person who browses the Website; “Viddit” is a profile video up to 20 seconds long in the position of the profile picture located on the profile page; "Website" means Our website at URL: www.8BM.co.uk (or such other URL that We may use to provide the Service from time to time); “Private message” means a message between two users that is not viewable by any other member. All natural derivations of the above Definitions (e.g. “We”, “Your”, “Posted”, etc.) shall be construed accordingly. 2. ELIGIBILITY By applying to become a Member You warrant and represent to Us that: 2.1 You are 18 years of age or older and that you agree to abide by all of the terms and conditions of this Agreement. 2.2 You have not been convicted of any offence relating to violence and/or convicted of any offence or subject to any injunction or order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and 2.3 You are entitled to any qualifications you list on your Profile and have authority to publicise them from the relevant body. 2.4 If You are not able or not willing to give the warranties and representations set out in clause above then You must not apply for membership. 3. MEMBERSHIP 3.1 8BM is currently a free service. 3.2 Each Member may only ever create one “Regular” account that would be used for their entire life. 3.4 The name provided of the User must be one that is their real name, and able to be backed up with an official proven form of identity such as a passport or driving license. 3.5 Any advertising on the Website will be negotiated directly with the advertiser. 4. 8BM SERVICES All 8BM Members: (a) may Post Information about themselves in their Profile on the Website. This Profile will be visible to Members who make a search which fits with criteria contained in the Profile, although some personal information should not appear and this will be made clear when the Profile is created; (b) can build up a list of the subjects and skills that they can teach, and want to learn; (c) can upload a photograph or video (Viddit) of themselves to their Profile (which we may need to crop or adapt appropriately). We reserve the right to remove any photographs or videos that we consider inappropriate (see 5.1.10); (d) can invite their friends to join in order to help build the community; (e) can search for other Members on the 8BM Website; (f) may send email messages to other Members; (g) may receive emailed messages sent by other Members, which will be sent to the email address contained in Your Member details; (h) will receive certain types of messages, sent in order for us to deliver the Service optimally; (j) are encouraged to leave detailed and accurate feedback for other Members that you have met with; (l) can leave posts in the forum in accordance with Section 5. 5. YOUR OBLIGATIONS AS A MEMBER OR USER 5.1 You will not: 5.1.1 Post Your personal details such as Your telephone number, fax number, address and/or e-mail address in Your Profile or forum unless it is within a Private message; 5.1.2 Post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other party's rights (including but not limited to Intellectual Property Rights and/or privacy rights); 5.1.3 use 8BM as a vehicle for formal business trading or advertising in any way unless prearranged with 8BM; if you are found to be doing so, then We reserve the right to cancel your Membership immediately; 5.1.4 misuse in any way the Service or any Information Posted on the Service; 5.1.5 attempt to gain unauthorised access to any Information available on or via the Service or to any of the networks used in providing the Service; 5.1.6 Post and/or reproduce in any way any Information in which the Intellectual Property Rights belong to Us or another party without first obtaining our or their prior consent; 5.1.7 copy, in whole or in part any of the Information on the Website (including, but not limited to, any Information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement; 5.1.8 Post any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; 5.1.9 in any way assign, transfer, part with and/or authorise any other person to use Your Membership; 5.1.10 Post any Information, including photographs, which in Our opinion is, vulgar, indecent, racist, abusive, invasive of another's privacy, offensive, harmful, threatening, harassing, stalking, inflammatory, sexually explicit or suggestive, obscene, defamatory, in any way detrimental to the reputation of 8BM, and/or otherwise inappropriate; or 5.1.11 post any information which in Our opinion is capable of offending others’ religious beliefs. 5.1.12 attempt to mislead other Members in any way regarding your identity, experience or capabilities; 5.1.13 Attempt to sell any products or services to any other member on the site. 5.2 You will: 5.2.1 use Your reasonable endeavours to honour Your obligations in any agreement You make with another Member. If you fail to do so, We reserve the right to cancel your Membership immediately; 5.2.2 take full responsibility for any agreement you make to teach or help another 8BM Member. We will have no responsibility or Liability for any breach of agreement between you and another Member, save in connection with formal Disputes raised; 5.2.3 use Your reasonable endeavours to make reasonable checks on the capabilities and experience of the person you are ‘purchasing’ skills from to ensure their ability to deliver the service you have both agreed; and 5.2.4 seek appropriate advice and be responsible for any tax liabilities that may be attributable to you as a result of any services carried out through 8BM . 6. SECURITY 6.1 The username and password allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username and/or password. We reserve the right to cancel Your Membership for any misuse of username or password. 6.2 You should protect against unauthorised access to Your computer. Ensure that You log off when You finish using a shared computer. 6.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases You should immediately amend Your password using the Service. 7. YOUR PROFILE 7.1 You acknowledge that other Members will be able to view Your Profile. 7.2 We may copy and/or reproduce any Information Posted by You on the Website in any form and in any manner we wish. 7.3 If You Post and/or disclose to other Members any confidential or sensitive Information about Yourself, then You do so entirely at your own risk. 7.4 As a Member, You will be able to view the details and Profiles of other Members. 7.5 You warrant and represent to Us that all Information Posted by You: 7.5.1 is accurate, true, complete and not misleading; and 7.5.2 will be updated by you as necessary so that it remain at all times accurate, true, complete and not misleading. 7.6 We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted. 7.7 You will provide a photo or video of yourself. 7.8 8BM Pages are special Profiles used solely for commercial, political, or charitable purposes. You may not set up a 8BM Page on behalf of another individual or entity unless you are authorised to do so. 7.9 All professional qualifications that Members list on their Profiles must be legitimate, correctly and accurately described. It is the responsibility of the ‘purchasing’ Member to ascertain the legitimacy of such qualifications prior to the lesson commencement. 8BM does not take any responsibility for the authenticity of Members’ listed qualifications.   7.10 All photos/images and videos featured in a Members’ portfolio must be of their own work or, if not, clearly stated as such. 7.11 8BM Members automatically grant a licence to all copyrights over photos/images and videos and/or other Information featured in their Portfolio and we are entitled to use them in any way that we choose to. We will not share with 8BM does not pre-screen or approve 8BM profiles and does not guarantee or confirm, and is not responsible for ensuring, the accuracy or truthfulness of members' purported identities or the validity of the information which they provide to us or post on our website. 8BM is not responsible for any transactions entered into or other actions taken on or in connection with any 8BM page, including how the owner of the 8BM page collects, handles, uses and / or shares any personal information he or she may collect from users. (please review the 8BM privacy policy if you have any questions or concerns regarding the use or sharing of your personal information.) you should be careful before providing any personal information to or entering into any transaction in connection with a 8BM page or any 8BM service 8BM does not review 8BM Pages to determine if they were created by an appropriate party and is not responsible for any unauthorised 8BM Pages that may appear on the Site. If there is any dispute as to whether a 8BM Page has been created or is being maintained by an authorised representative of the individual or entity who or which is the subject of that 8BM Page, then 8BM shall have the sole right, but is not obliged, to resolve such dispute as it determines is appropriate in its sole discretion. Such resolution may include, without limitation, deleting or disabling access to the 8BM Pages or any portion thereof at any time without notice. 8. CANCELLATION / TERMINATION / SUSPENSION 8.1 You may cancel your Regular Membership account at any time; to do so contact us and We will close the account within one working day of receiving Your email. 8.2 We may terminate your Membership with immediate effect at any time, at our discretion. If:- 8.2.1 You breach the terms of this Agreement; 8.2.2 You persistently breach any minor terms of this Agreement; 8.2.3 You fail to provide Us within the time limit specified by Us with sufficient Information to enable Us to determine the accuracy and/or validity of any Information Posted by You; 8.2.4 in Our reasonable opinion, any Information Posted by You is damaging or potentially damaging to Our business or Members or Users. 8.3 Without prejudice to any other remedies We may have, if any of the events set out in clause 8.2 above occurs, then We may immediately and without prior notice suspend and/or terminate Your Membership and/or access to the Service and You shall not attempt to use the Service or rejoin as a Member. 8.4 This Agreement continues for so long as you are a Member or a User of the Website. Even after termination of this Agreement, certain clauses will continue to apply, including clauses 10, 14 and 15 and any other clauses necessary to interpret or enforce the Agreement. 9. PERSONAL DATA Personal Information collected from You is subject to Our Privacy Policy. 10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY 10.1 As between You and Us, All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely. 10.2 You may link to the Website but You may not include any part of the Service in part or in whole within another external website without Our prior written consent. 10.3 You warrant and represent to Us that the Information Posted in Your Profile or otherwise on the Website is Posted by You and that You are the sole author of Your Profile. You hereby licence to Us, with full right to reuse in any way we choose, all copyright and other Intellectual Property Rights in Your Profile and any other Postings. 10.5 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Information relating to the Service which may be disclosed to You or which You may learn, except where such Information is public knowledge or it is required to be disclosed by law. 10.6 We will use Our reasonable endeavours to keep Your personal details such as Your surname, real e-mail address (where relevant) confidential and will not disclose such Information, except where such Information is public knowledge or it is required to be disclosed by law. 11. FUNCTIONING OF THE SERVICE 11.1 The Service is provided in its current form and We do not guarantee or warrant that the Service, or any element of the Service, will meet Your requirements, purpose and/or expectations. 11.2 We do not guarantee or warrant that any of the Information provided in or via the Service is accurate or reliable. You rely on it at Your own risk. 11.3 Due to the nature of the internet, we do not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service, except that We will use Our reasonable endeavours to rectify serious faults as soon as practical. 11.4 We reserve the right to make changes to the Service, although we will endeavour to ensure that they do not have a material adverse effect on the quality of the Service. 11.5 We reserve the right to suspend the Service. 12. USE OF THE SERVICE 12.1 The Website is merely a forum for Members to Post Information about themselves and to allow them to make contact with other Members through use of the Service if they choose to do so. 12.2 You should not assume that the Information contained in any profile is necessarily correct and accurate. We do not have an opportunity to check that the profiles are correct and not misleading. We do not make any representation or warranty that the Information contained in any profile is accurate and We are not under any obligation to verify any Information contained in any profile. Before acting on any Information contained in any profile or on any Information received by You through Your use of the Service, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Information. A person may not be who he or she claims to be. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take reasonable precautions to ensure Your safety. 12.3 You must comply with Our reasonable instructions concerning use of the Service. 12.4 You must notify us in writing immediately if You become aware of any inappropriate behaviour in connection with the Service. 12.5 We are entitled to delete messages stored on the Service after the period stated in the Help and Information page on the Website. We may also delete messages immediately upon exercising any right of suspension in this Agreement or upon termination of Your Membership or this Agreement. It is Your responsibility to store independently any messages that You wish to keep. 12.6 Membership of 8BM does not in any way guarantee that You will find suitable people, or suitable matches on the site or in Your area or in any other area, or that You will find people who You are interested in contacting. Similarly, Membership of 8BM does not in any way guarantee that, having made contact with a Member, they will respond or contact You back. 13. THIRD PARTY WEBSITES 13.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy yourself that any goods or services referred to thereon are suitable for Your requirements. 13.2 You may list an External URL website address on Your Profile if You are the URL owner. 14. LIMITATIONS ON LIABILITY 14.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member. 14.2 We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment. 14.3 You shall give Us a reasonable opportunity to remedy any matter for which We are Liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so, We shall have no Liability to You. 14.4 You shall produce to Us written evidence of any claims for which it is alleged that We are Liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You. 14.5 We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us. 14.6 We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any Information Posted by other Members. 14.7 It is possible for other Members and/or unauthorised Users to obtain and misuse Information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any such misuse of Information Posted by You and/or sent to other Members. 14.8 We shall have no Liability to You for any:- 14.8.1 consequential, special or indirect losses; 14.8.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or 14.8.3 damage to or loss of goodwill, reputation or data. 14.9 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer. 14.10 Without prejudice to the foregoing, our total Liability to You under and/or arising in relation to this Agreement for any one event or series of events shall not exceed 5 times the amount paid by You for the Service (if any) in the 12 months before the events complained of. 14.11 Nothing in this Agreement shall exclude or limit any Liability which We are not permitted to exclude or limit as a matter of law, including any of Your statutory rights due to You acting as a consumer. 14.12 We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. 14.13 This section (and any other clause excluding or limiting Our liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. 14.14 While the administrators of 8BM will attempt to remove all objectionable material from Members’ Profiles as quickly as possible, it is impossible to review every profile quickly enough to guarantee that any objectionable material will be removed immediately. 8BM is therefore not liable for any offensive or objectionable material published by any of its Members. 15. INDEMNITY 15.1 You agree to indemnify and keep Us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us arising from and/or relating or due to Your use of the Service, Information and/or other material Posted by You, and/or any breach of contract or statutory duty, tortuous act or omission by You. 16. GENERAL 16.1 Headings above are for guidance and not binding. 16.2 All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 16.3 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. 16.4 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. 16.5 We may assign all or part of Our rights or duties under this Agreement; You may not do so without Our prior written consent. 16.6 Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You (in Your case) and by email to admin@8BM.co.uk (in Our case), unless you are otherwise notified. 16.7 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts. 17. RESOLUTION OF DISPUTES 17.2 In exceptional circumstances, however, and in the interest of fairness, 8BM reserves the right to settle any and all Disputes once the relevant (preferably concise) evidence has been received from the parties involved.  17.4 8BM does not have the resources to investigate disputes in depth. If either party is dissatisfied with a decision, they may appeal with reasons. 8BM may, at its sole discretion, vary its decision, request more evidence or submissions from any other parties, and or refuse to consider the matter further. In the latter case, 8BM will only review the matter if presented with a decision or opinion from a tribunal, court or similar independent arbitrator. 17.5 Unless and until presented with such a decision or opinion, 8BM’s decision is final in the resolution of all Disputes. 17.6 If you are not sufficiently satisfied with this mechanism for resolving Disputes, you should not enter into transactions through 8BM. 18. BASIS OF CONTRACT 18.1 If you are applying for Membership, you agree to be bound by these terms and conditions for the provision of the Service. If you are a User, who is not a Member, your use of the Website constitutes your agreement to be bound by these terms and conditions insofar as they are relevant to use of the Website by non-Members. 18.2 These terms and conditions, as amended by Us from time to time shall apply to the exclusion of any other terms or conditions and You agree to abide by them. 18.3 Any renewal of Your Membership is subject to Our then applicable terms and conditions. 18.4 We reserve the right to vary these terms and conditions at any time. If so, the updated version will be posted on the Terms and Conditions page of the Website You will bound by the updated version if You continue to use the Service thereafter. 18.5 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing. 18.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions. 18.7 We reserve the right to monitor and at Our option to remove for any reason any Information Posted by You. 18.8 We shall have the right at Our option to refuse to grant applications for Membership and to terminate Memberships at any time. 18.9 For Members, the Agreement between You and Us shall come into effect on Our acceptance of Your application for Membership. No application for Membership shall be deemed to be accepted by Us until You have received confirmation of Your Membership from Us by e-mail.