Document Name: Terms and Conditions
Document Date: 01/12/2018
These terms and conditions apply between you, the User of this Website Dry Dating (including any sub-domains, unless expressly excluded by their own terms and conditions), and Ben Hagon, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using Dry Dating immediately.
In these terms and conditions, User or Users means any third party that accesses Dry Dating and is not either (i) employed by Ben Hagon and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Ben Hagon and accessing Dry Dating in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using Dry Dating and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
1. All Content included on the Website, unless uploaded by Users, is the property of Ben Hagon, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use Dry Dating you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Ben Hagon.
4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through Dry Dating any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Ben Hagon for all claims resulting from Content you supply.
6. You may not use Dry Dating for any of the following purposes:
a. in any way which causes, or may cause, damage to Dry Dating or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
7. You must ensure that the details provided by you on registration or at any time are correct and complete.
8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
10. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
11. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
12. If we have reason to believe that there is or is likely to be any misuse of Dry Dating or breach of security, we may require you to change your password or suspend your account.
13. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Ben Hagon or that of our affiliates.
14. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
15. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
17. Any online facilities, tools, services or information that Ben Hagon makes available through Dry Dating (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Ben Hagon is under no obligation to update information on the Website.
18. Whilst Ben Hagon uses reasonable endeavours to ensure that Dry Dating is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
19. Ben Hagon accepts no liability for any disruption or non-availability of the Website.
20. Ben Hagon reserves the right to alter, suspend or discontinue any part (or the whole of) Dry Dating including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of Dry Dating unless it is expressly stated otherwise.
21. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
22. To the extent that Dry Dating and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
23. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
24. To the maximum extent permitted by law, Ben Hagon accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
25. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
26. These terms and conditions may be varied by us from time to time. Such revised terms will apply to Dry Dating from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
28. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
29. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
30. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
31. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Document Date: 01/12/2018
Version Number: 1.0
collectively all information that you submit to Dry Dating via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
the General Data Protection Regulation (EU) 2016/679;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and is not either (i) employed by Dry Dating and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Dry Dating and accessing the Website in connection with the provision of such services; and
the website that you are currently using, www.dry.dating, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e. reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, Dry Dating is the "data controller". This means that Dry Dating determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
b. date of birth;
d. job title;
f. contact Information such as email addresses and telephone numbers;
g. demographic information such as postcode, preferences and interests;
h. financial information such as credit / debit card numbers;
i. IP address (automatically collected);
6. We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
7. Dry Dating will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. when you make payments to us, through this Website or otherwise;
d. when you use our services;
8. To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. transmission by email of marketing materials that may be of interest to you;
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.