TERMS AND CONDITIONS
Please read the following Terms and Conditions carefully before registering your details in the Select Services ‘members area’. Once you enter details in your portfolio, in full or in part, you are agreeing to start the service in full and so any cooling off period (where applicable) will end. These Terms and Conditions may be relevant to all users of the Site.
1.1 Select and all its associations will be known hereafter as "the Service" or the "Site".
1.2 "Service" means the service provided by Us to You including, but not limited to, Us allowing you to browse the Site, contact and/or be contacted by other members through the Site and/or Post information on the Site.
1.3 'We', 'Us', 'Our', also means Select.
1.4 'Post' means display, exhibit, publish, distribute, transmit and/or disclose information, details, and/or other material on the Service/Site, and the phrases, "Posted" and "Posting" shall be constructed accordingly.
1.5 The Site is NOT an online meeting place for adults. It is for information purposes only.
1.6 'You', 'Your', 'Yourself', 'Member', means the person whose application for membership of the Service is accepted by Us.
1.7 When you register with Select you become a member / client of the entire Service ("Member" "Client") and agree to be bound by these terms and conditions ("Terms and Conditions"). As a Member, these Terms and Conditions represent the agreement between you and Select (the "Agreement"). If you do not agree to the Terms and Conditions, you will not be permitted to register with Select.
1.8 The Terms and Conditions also apply to anyone who merely browses the Site, even if they do not register ("User"). Your continued use of the Service constitutes your acceptance of the Terms and Conditions.
1.9 These Terms and Conditions are subject to change by Select at any time. Any changes will appear on the Terms and Conditions page, which can be accessed from any page. If the Terms and Conditions change, your continued use of the Service constitutes your acceptance of the amended Terms and Conditions.
2. BASIS OF CONTRACT
2.1 The 'Agreement' between 'You' and 'Select' shall come into effect on our acceptance of your application for membership. No application shall be deemed to be accepted by Select until you have received written notification/confirmation to that effect.
2.2 Select reserves the right to refuse to register applications for membership and to terminate memberships at any time.
2.3 Select reserves the right to monitor and at its discretion to remove any material posted to the site by you, (not limited to photographs and/or other material).
2.4 Select employees, representatives, directors, officers, third party associations, sub-contractors and/or agents, are not authorised to make any representations or warranties concerning the Service unless confirmed in writing by Select authorised officials.
2.5 Select requires that you give thirty days prior written notice of your intent to terminate your membership at any time and for any reason. Select reserves the right to immediately, and without prior notice or reason, terminate or suspend your membership of the Service including access to the Service.
2.6 As a Member of Select, you will not be able to make contact with other members unless all payments are up to date and complete.
2.7 We reserve the right to make changes to the service as and when required by adding and/or withdrawing services, provided that in the opinion of Select authorised officials, they do not have a material adverse effect on the quality of the service.
2.8 You may not authorise others to use your membership, or transfer or assign your membership to any other person or entity. Your membership of Select is for your own personal use only.
2.9 This is a legally binding Agreement between You and Us for the provision of the Service.
2.10 If We are dealing with a complaint raised by You and We have further forwarded Our response then You accept by entering the Service to gain access to other members details that your complaint has been fully resolved and that the conditions, as set out in Our response to your complaint, will become binding and enforceable.
3.1 By accepting these conditions, You warrant and represent to Select that:
3.2 You are over 18 years old.
3.3 You have the right, authority and ability to enter into this Agreement and to abide by the Terms and Conditions of this Agreement.
3.4 You have not been convicted of any criminal offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any constitutional decree replacing and/or amending such Act).
3.5 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any constitutional decree replacing and/or amending such Act or any other comparative Act).
3.6 If you are not able and/or willing to give the warranties and the representations set out in clause 3.1 above then you must not submit an application for membership and / or use the Service.
4. YOUR CONDUCT OFF and ONLINE:
4.1 As a Member, you agree:
4.1.1 That you are solely and entirely responsible for any content or information you post on the Site, including any spelling or grammatical errors, or any content or information you transmit or otherwise communicate to other Select members;
4.1.2 That you will not post on the Site, or transmit or otherwise communicate to other Select members or Select employees, any defamatory, inaccurate, harassing, threatening, racist, religious, political, abusive, obscene, profane, illegal or offensive sexually-orientated material, or any material that violates or infringes another party's rights (including, but not limited to, rights of privacy and publicity, and intellectual property rights);
4.1.3 To use the Service in accordance with any and all applicable laws and regulations;
4.1.4 Not to disclose on your personal Select page any telephone numbers, addresses, surnames (family names), URL's, email addresses or any other information, which will allow other members and/or users to contact you directly.
4.1.5 Not to post, display, distribute or reproduce and/or email to the site and/or to other members any photographs and/or images containing nudity, lewd or obscene behaviour or personal information or to include offensive sexual references, or offensive sexually suggestive language, or offensive anatomical references;
4.1.6 Not to use the Service for advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not send or transmit any chain letters or circular (junk) email to other Select members;
4.1.7 Not to post, display, distribute, reproduce or communicate in any way any copyrighted material, trademarks, or other proprietary information without obtaining full, valid and verifiable prior consent of the owner of such proprietary rights;
4.1.8 That you are individually and solely responsible for the interactions with other Select members. Select reserves the right, but is under no obligation, to monitor disputes between you and other members;
4.1.9 You agree not to alter any information or material in whole or in part on, or associated with, the Service, (including but not limited to any information contained in other members portfolios) and not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you also agree not to impede or interfere with other users of the Service.
4.1.10 Select reserves the right to reject any personal page, information or photograph that does not comply with these Terms and Conditions, but is under no obligation to do so.
4.1.11 Select reserves the right to revoke a person's membership if, in the opinion of Select officials, a member has misused the Service and/or has behaved in a way which could be regarded as inappropriate or whose conduct is unlawful and/or illegal.
5. Pricing, Payments and refunds
5.1 Some charges within the Site are optional for a member to enjoy more benefits. If you wish to communicate with other members and use certain other parts of the Service, you must become a paying member by paying the membership fees.
5.2 Changes in pricing may be communicated by means including, and without limitation, posting on the Site or via email.
5.3 Prices are V.A.T inclusive.
5.4 Payment shall not be accepted as having been made until Select have received cleared funds in respect of the full amount outstanding.
5.5 You agree that any associated monthly fees are in force in order for Select to implement its services regardless of whether an introduction is conclusive. If payment is not received in any month membership will be paused until payments resume.
5.6 Termination/Cancellation of this Agreement by you or Select, irrespective of time or reason, will not give you entitlement to a refund of monies paid.
6. INTELLECTUAL PROPERTY RIGHTS/Proprietary Rights
6.1 All Intellectual Property Rights in the Service shall be owned by Us absolutely.
6.2 You represent to Us that the information Posted in Your profile/portfolio is Posted by You and that You are the sole author of Your profile/portfolio. You assign to Us with full title guarantee all copyright in Your profile/portfolio.
6.3 You waive absolutely any and all moral right to be identified as author of Your profile/portfolio and any similar rights in any jurisdiction.
6.4 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.
6.5 We shall use our reasonable commercial endeavours to keep Your personal details such as Your surname, full address and debit/credit card number(s) (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.
6.6 Copyrighted material, trademarks, and other proprietary information of Select and its licensors is contained within the Service. Select owns and retains the right to use all proprietary information of Select.
6.7 Other members may not post information, which is the subject of copyright or is copyright protected, whether or not it is identified as being copyright. Except where you have been given verifiable permission, you will not copy, modify, display, publish, perform, transmit, distribute or sell any such proprietary information.
6.8 By the act of posting information or content on any public area of the Site, you automatically grant, and you represent and warrant, that you have the right to grant:
6.8.1 The perpetual, worldwide, royalty-free, licence to use, transmit, reproduce, translate, modify, and distribute any information or material that you supply in communication to the Service, is held by Select and its designees, for any purpose, including commercial uses and in any such medium now in existence or hereafter developed.
6.8.2 To other Select members, subject to the provisions of 10.1, a licence to use such information and content.
7. EXTERNAL LINKS IN THE SELECT SITE
The Service may provide, or third parties may provide, links to other worldwide web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by Select of the contents on such third party web sites. As we have no control over such sites and resources, you acknowledge and agree that Select is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Select shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third party web sites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
8. INFORMATION SUPPLIED BY A MEMBER
We respect your privacy.
If you have a complaint or would like to contact Select, please contact the Service at [email protected]
10. DISCLAIMER OF WARRANTY
10.1 You acknowledge that you are using the service at your own risk. The Web Site is merely a forum for Members to Post information about themselves and to allow You to make contact with other Members through the use of the Service if You choose to do so.
10.2 You should be aware that information Posted by other Members on their profiles/portfolios is only a description of the way they describe themselves and You should not assume that the information contained in any profile/portfolio on the member interface is necessarily correct and accurate and in no way misleading.
10.3 We do not have the opportunity to check that the profiles/portfolios on the member interface are correct and not misleading, We do not make any representation or warranty that the information contained in any profile/portfolio is accurate and We are not under any obligation to verify any information contained in any profile/portfolio.
10.4 Before acting on any information contained in any profile/portfolio or any information received by You through Your use of the Service, You should at Your own Cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such information.
10.5 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 such precautions as You deem necessary to ensure Your own safety.
10.6 Select provides the Service on an 'as is' basis and grants no implied, statutory or express warranties of any kind in relation to any communication with Select or its representatives or otherwise with respect to the Service. Select specifically disclaims any implied warranties of fitness for a particular purpose, merchantability or non-infringement
10.7 The Service does not warrant that the use of the Service will be secure, always available, uninterrupted, or error-free or that there will be no loss of transmitted information or will meet your requirements, or that any defects in the Service will be corrected, or that no viruses will be transmitted on the service.
10.8 The Service disclaims liability for, and no warranty is made with respect to telephone service, including coverage, range, or any interruption in telephone service, including respect to WAP (wireless application protocol) service.
11. DISCLAIMER / INDEMNITY:
You agree to defend, indemnify, and hold harmless Select, it's associated companies, employees, agents, representatives, officers, directors and third parties, for any losses, costs, liabilities, awards, damages to or actions and/or claims/ proceedings against Select and expenses (including legal fees) relating to or arising out of your use of the Service, including any breach by you of the Terms and Conditions of this Agreement.
12. LIMITATION OF LIABILITY
In no event will Select and/or it's associated companies, employees, agents, representatives, officers, directors and third parties be liable:
12.1 to you for any consequences, incidental, consequential or indirect, arising out of the use of or inability to use the Service.
12.2 in addition, Select disclaims all liability, regardless of the form of action, for the act or omissions of other members or users (including 'hackers') of the Service
12.3 we shall have no liability for any defect in the Service caused or contributed to by You and/or any other Member.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
12.8 We shall have no liability to You arising out of Your use of the Service and/or Your reliance on any information and/or other material Posted on the Service or Posted to You by other Members.
12.9 It is possible for other Users 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 Members and/or unauthorised Users misuse of information and/or other material Posted by You on the Service and/or to other Members.
12.10 We shall have no liability to You for any:-
12.10.1 consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
12.10.2 economics and/or other similar losses; and/or
12.10.3 special damages and indirect losses.
12.11 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
12.12 Our total liability to You under and/or arising in relation to any Contract with Us shall not exceed three times the amount paid by You for the Service (if any) under that contract.
12.13 Each of the limitations and/or exclusions in this agreement shall be deemed to be repeated and apply as a separate provision for each of;
12.13.1 Liability for breach of contract;
12.13.2 Liability in tort (including negligence); and
12.13.3 Liability for breach of statutory duty;
except clause 12.12 above which shall apply once in respect of all the said types of liability.
12.13.4 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, Industrial Disputes, Strikes, Lock-Outs, Riots, Civil Commotion, Malicious Damage, Explosion, Governmental Actions, Failure of Data Processing System and/or Mechanical Shutdown and any other similar events.
13. GENERAL PROVISIONS
13.1 You agree that this Agreement shall be governed by and construed in accordance with English Law and you hereby submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute or matter arising out of or connected with this Agreement.
13.2 This Agreement accepted by you upon registering with or using our Service, contains the entire Agreement between you and Select regarding the use of the Service.
13.3 All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of any such third party.
13.4 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement, this shall remain in full force and effect.
14. COPYRIGHT POLICIES
14.1 Select will terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a licence to do so.
14.2 In particular, members who submit content to the Site, whether images, articles, stories, software, or other copyrighted material, must ensure that the content they upload does not infringe privacy or public rights.
14.3 Upon receiving proper notification by copyright holder or its agent, and confirmation through court order or admission by the member that they have used this Site as an instrument of unlawful infringement, Select will terminate the infringing member's rights to use and/or access the Site.
16. COLLECTION AND USE OF INFORMATION
At Select we will only collect personally identifying information from you with your specific knowledge and consent.
We may share information with carefully selected Select partners who we believe can provide additional benefits and services to you.
We ask you where you heard about Select for our own internal marketing purposes only.
17. YOUR PERSONAL PORTFOLIO
As the title suggests, this section contains brief portfolio details.
There are two exceptions: your exact date of birth is not shown (only your age) and neither is the surname or postcode.
17.1 You acknowledge that certain restrictions apply to all Users of the Site. Members will be able to view other Members Portfolio’s and / or Photographs and /or Video’s (only in part) until details have been accepted by both parties.
17.2 We may copy and/or reproduce any information Posted by You on the Site in any form and in any manner we wish.
17.3 If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk.
17.4 Members on full paying membership will be able to view the portfolio of other Members.
17.5 You warrant and represent to Us that all information Posted by You: is true, accurate, complete and in no way misleading.
17.6 You will regularly update your portfolio so that it remains accurate, true, complete and in no way misleading.
17.7 We reserve the right to review Your Portfolio from time to time and to amend and/or delete it if We, at Our sole discretion, think that it should be amended and/or deleted.
18.1 The Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
18.2 We do not warrant that any of the information and/or material provided in the Service is accurate.
18.3 We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service.
18.4 We will aim to post on to the Site details of one introduction on a monthly basis unless You are picked up in another Clients search. This is to enable two members to coordinate diaries and schedule not just one, but multiple meetings before the following months introduction. Introductions may also be affected if a clients criteria proves very specific and as such the amount of introductions Select is able to consider may be restricted.
19.1.1 You fail to make any payment to Us when due;
19.1.2 You breach the Terms of this Agreement;
19.1.3 You persistently breach the Terms of this Agreement;
19.1.4 You fail to provide Us within the time limit requested by Us with sufficient information to enable us to determine the accuracy and/or validity of any information Posted by You; and/or
19.1.5 in Our reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of Our business then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 19.2 below.
19.2 If any of the events set out in clause 24.1 above occurs in relation to You then:-
19.2.1 We may terminate this Agreement immediately;
19.2.2 We may immediately suspend and/or terminate Your access to the Service without notice.
19.2.3 all monies owed by You to Us shall become immediately due and payable.
20. EMAIL ALERTS
If you choose to receive email alerts, your email address and service provider are protected. They cannot be viewed by anyone other than you or authorised Select staff.
21. MAKING CHANGES
You can revise/edit any information you have provided to Select at any time by accessing your details through the Member Interface.
22. PROMOTIONS, NEWS AND UPDATES
We may occasionally send you news and updates regarding Select to keep you informed of new services and promotions that are available through the Site. You have the option not to receive these emails and should email us at [email protected]
/* */ to be removed from the mailing list.
24. THE FUTURE
Our Terms and Conditions may be modified occasionally to reflect the ever-changing online / offline environment.
If you have any questions, please contact us at [email protected]
I AM OVER 18 YEARS OF AGE AND HAVING READ AND FULLY UNDERSTOOD THE TERMS AND CONDITIONS OF THE ABOVE AGREEMENT, I ACKNOWLEDGE, CONFIRM AND AGREE TO BE BOUND BY IT.