Out Pink - The Ultimate Gay and Lesbian lifestyle benefits membership
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About OutPink.com - Terms and Conditions
Terms and conditions of use
Click here to read our PARTNER agreement Terms & Guidelines
This Agreement ("the Terms and Conditions") is a legal document which sets out your rights and obligations and those of Outpink Limited, a Company registered in England and Wales under registration no. 05695328. In these terms "we" "our" and "us" means Outpink Limited.
We suggest that you take the time to read the Terms and Conditions carefully before using or becoming a member of www.outpink.com ("the Site") as they affect your rights and liabilities under the law. The Terms and Conditions contain limitations on our liability to you. If you do not wish to be bound by the Terms and Conditions you should not use the Site and should not register as a member of the Site.
The Terms and Conditions cover the entire contents of the Site and include any correspondence by either email or letter sent between us and you.
These Terms and Conditions do not affect your statutory rights.
1. Acceptance of Terms and Conditions
1.1 It is a condition of using the Site that you consent to being bound by the Terms and Conditions.
1.2 The Terms and Conditions incorporate in their entirety the Terms and Conditions of Use (including the definitions set out therein) and should be read by you.
1.3 We reserve the right to change or update the Terms and Conditions from time to time. You will be notified of any revisions to the Terms and Conditions by email and/or by posting an appropriate notice on the Site. Your continued use of the Site after the date of any such amendments coming into effect will indicate your agreement to be bound by the revised Terms and Conditions
2. Description of Membership
2.1 Your membership will be activated on receipt of the membership fee ("Membership Fee").
2.2 Membership of the Site is for a 12 month period unless otherwise stated and enables you to use the Site and to access the members' only areas of the Site and services offered by us.
2.3 All members will be issued with a Site membership card ("the Membership Card") within 7 days of receipt of the Membership Fee. The Membership Card will be sent by First Class post in plain packaging to the address provided when payment is made.
2.4 Members can use the members' area of the Site to access details of current offers and discounts available to them. Such offers and discounts will be redeemable on production of a valid Membership Card.
2.5 We reserve the right to alter our pricing structure and the terms and benefits of our membership. Any such changes will apply to members joining the Site after they have come into effect. They will not apply to existing members, unless the existing membership is terminated and renewed to reflect these additions.
2.6 Your membership will be automatically renewed on expiry unless you have given us 30 days notice in writing that your membership of the Site should not be automatically renewed.
3. Age of Consent
3.1 You must be 16 years or over to register as a member. If we discover or have any reason to suspect that you do not meet this requirement we reserve our right to suspend or terminate your membership to the Site immediately and without notice to you. In such circumstances we shall not be obliged to refund any part of that year's Membership Fee to you. Where more than one year's Membership Fee has been prepaid any surplus will be refunded to you.
4. Member Name and Security
4.1 When registering as a member you will be asked to select a password. To log onto the members' area of the Site you will need to provide your username (which will be provided upon registration) and your password.
4.2 You are responsible for maintaining the confidentiality of your password. We are not able to check the identity of users of the members' area of the Site and will not be liable for the use of your password and username by a third party whether authorised by you or not.
4.3 You agree to notify us immediately of any use of your username and password or Membership Card by a third party or any other breach of security of which you may become aware.
4.4 You agree that you will at all times keep your password confidential and will not at any time allow any other person to access the Site using your username and password.
5. Your Obligations
5.1 You warrant that:
5.1.1 You are 16 years or over.
5.1.2 All information and details provided by you to us are true, accurate and up to date in all respects and at all times - see our Privacy Policy for details on how to update your personal data.
5.1.3 You will comply with the Terms and Conditions.
5.2 You agree to refund to us the amount of any claim, loss, expenses or damages (including any legal fees in relation to same) that we incur as a result of your breach of the Terms and Conditions or your violation of any law or the rights of any third party.
6. Lost or Stolen Membership Cards
6.1 If your Membership Card is lost, stolen or has become unreadable you must immediately notify us in writing or by email.
6.2 On receipt of notice of the loss we will arrange for a replacement Membership Card to be sent to you as soon as is reasonably possible.
6.3 If you require a replacement Membership Card you will be charged a small administration fee.
7. Updating your Personal Details
7.1 You are responsible for keeping your personal details provided to us on registration as a member updated.
7.2 To update your personal information you should log on to the members' area of the Site and select the following link: 'All About Me'.
7.3 Alternatively you can notify us in writing or by email of any changes to your personal information and we will update your profile.
8. Acceptable Use
8.1 We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site.
8.2 You must not access or attempt to access the accounts of other members or penetrate or attempt to penetrate the Site security measures.
8.3 Members of the Site are only permitted to have one membership account at any time.
9. Breach of the Terms and Conditions
9.1 If a member is found to be in breach of the Terms and Conditions or if we are required to do so by law we may in our absolute discretion take any of the following actions:
9.1.1 terminate membership without notice;
9.1.2 suspend a member's access to the members' area of the Site or a member's account without notice;
9.1.3 inform the appropriate authorities and provide them with information relating to any suspected illegal activity; and
9.1.4 bring legal action against a member in relation to any breach of the Terms and Conditions. We will determine what action is appropriate to be taken against a member on a case by case basis.
10. Refund Policy/Termination of Membership
10.1 You can terminate your membership of the Site at any time via the link in the "My Account" page, or by contacting us in writing. Your membership will be terminated as soon as practicable following receipt of your Membership Card.
10.2 Please note that in the event of termination of membership, any membership fees which have already been paid are non-refundable.
10.3 You have the right to cancel your annual membership within 7 days of order confirmation, or 7 days after delivery of your membership card - whichever is the longer (the 'cooling off period'). You will be entitled to a refund of your membership, upon return of your membership card, less a pro rata charge for the period of cover and our administration charge (£5). If you wish to cancel after the cooling off period has expired, and subject to any other statutory rights you may have, as per 10.2 Outpink Limited will not be obliged to give refunds for any unexpired period of your membership.
11. Security and Privacy
11.1 Your security is very important to us. Please read our Privacy Policy for important information regarding the use of your personal data and your rights in relation to this. The Privacy Policy forms part of the Terms and Conditions.
11.2 We reserve the right to access, monitor, store or copy material sent by or to members without further notice to you if required by law or regulation.
12. Discounts and special offers offered by third parties ("Discounts and Offers")
12.1 Whilst we will use our reasonable endeavours to ensure that Discounts and Offers published on the Site are accurate, Discounts and Offers are subject to change without notice and you accept that we will not be responsible in the event that any Discount or Offer is unavailable at any particular time. Fluctuations in prices imposed by third parties are beyond our control; however we will endeavour to notify you by email and/or by posting an appropriate notice on the Site as soon as we become aware of any amendments to Discounts and Offers. Third parties are within their rights to amend pricing and benefits without our prior consent or advice.
12.2 It is your responsibility to use the Discounts and Offers to obtain the advertised Member discounts and appropriate savings.
12.3 Discounts and Offers are subject to availability and may also be subject to additional terms and conditions imposed by the third party making the offer.
12.4 Discounts and Offers may not without the consent of the third party making the offer be used in conjunction with any other offer or discount offered by the third party and cannot be exchanged for a cash alternative.
12.5 Your Membership Card must be produced at the time of purchase to take advantage of any Discount or Offer.
13. Complaints and Feedback
13.1 If you have a complaint regarding any aspect of the Site or if you have any questions or would like to provide feedback on the Site please use the Contact Us link to email these to us or write to us at the address set out below.
13.2 Legal notices can be sent to the address set out below.
14. General
14.1 You agree that we may communicate with you by email. In doing so you acknowledge and accept the risks inherent in this form of communication, including unauthorised interceptions, information corruption and not reaching intended recipients. You agree that we will not be responsible for any loss of liability resulting from such events.
14.2 No part of our agreement with you shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
14.3 The contract between you and us shall be governed by and constructed in accordance with English Law and for the purposes of any dispute in connection with our agreement [?] submits to the non exclusive jurisdiction of the English Courts.
Outpink Ltd Studio 186 - 77 Beak Street - Soho, London - W1F 9DB
