GayGolddiggers.uk.com

Please read these Terms of Use carefully. They set out our and your legal rights and obligations in relation to our Site.

These Terms of Use are divided into two parts: Part A contains the general terms relating to the use of our Site, while Part B contains the special terms which apply to our Members. By using our Site you agree to be bound by these Terms of Use; and if you register as a Member, we will ask you to specifically agree to them.

You should print a copy of these Terms of Use for future reference. We will not file a copy of these Terms of Use specifically in relation to you, and they may not be accessible on our Site in future. These Terms of Use are available in the English language only.

The Site is owned and operated by GayGolddiggers.uk.com. Our address is 27 Gloucester Street, London WC1N 3AX and our email address is admin@gaygolddiggers.uk.com.

If you have found a technical error on the Site, we apologise for any inconvenience caused. We are justifiably proud of the quality of our service, customer care and support, but sometimes things can go wrong, so please contact us if you have a complaint about any aspects of our service to you. To report a problem, please click here to see contact options. Please quote your property ID in all communications. We aim to respond to all enquiries within 24 hours.

PART A: GENERAL TERMS



1. Definitions and interpretation

   
   
   • 1.1 In this Agreement:
     

     "Agreement" means the agreement between you and us concerning the Site (which incorporates these Terms of Use);
     
     "Force Majeure Event" means any event which is beyond our reasonable control (including without limitation failures of or problems with the internet or a part of the internet, failures of our internet service providers, hacker attacks, virus or other malicious software attacks or infections, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars);
     
     "Free Member" means a person who has registered with the Site by completing the procedure set out in Clause 10.2 (and "Free Membership" will be construed accordingly);
     
     "Full Member" means a person who has registered with the Site by completing the procedure set out in Clause 10.3 (and "Full Membership" will be construed accordingly);
     
     "Gold Gift Tokens" has the meaning given to it in Clause 13;
     
     "Gold Gift Vouchers" has the meaning given to it in Clause 6;
     
     "Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including without limitation copyright, moral rights, performers' rights, performers' moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;
     
     "Members" means Free Members and Full Members (and "Membership" will be construed accordingly);
     
     "Site" means the website at www.gaygolddiggers.uk.com and any successor site operated by us from time to time; and
     
     "User Content" means content uploaded by you to the Site, stored in a Member's profile or sent by the Site's messaging service.

   • 1.2 References in this Agreement to "we" or "us" mean GayGolddiggers.uk.com.

   • 1.3 References in this Agreement to "you" means the person (whether a Member or non-Member) using the Site, and any Member under whose authority the Site is used.

   
   

2. Licence

   
   

   • 2.1 We or our licensors own the Intellectual Property Rights in the Site and material on the Site.

   • 2.2 You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions in Clauses 2.3 and 3 below.

   • 2.3 You must not:

     • republish material from this Site (including republication on another website);
     • sell, rent or sub-license material from the Site;
     • reproduce, duplicate, copy or otherwise exploit material from the Site for any commercial purpose;
     • edit or otherwise modify any material from the Site; or
     • redistribute material from the Site.

   
   

3. Use of the Site

   
   You must not use the Site:
   • in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site;
   • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or
   • in connection with any data mining, data scraping or other automated data collection activities.
   
   

4. Warranties and liability

   
   

   • 4.1 We do not warrant the completeness or accuracy of the information on the Site; nor do we commit to ensuring that the Site remains available, that the Site will be compatible with your web browser, or that the material on the Site is kept up-to-date.

   • 4.2 Subject to the warranties in Clause 16, we do not grant to you any warranties or make any representations relating to the Site or your use of the Site, and we exclude all such warranties and representations.

   • 4.3 Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for:

     • any consequential, special or indirect loss or damage;
     • any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings; or
     • any loss or damage arising out of a Force Majeure Event.

   • 4.4 To the extent that information and services on the Site are provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of that information and those services, and we exclude all liability in relation to that information and those services.

   • 4.5 You acknowledge that we cannot be held responsible in the event that you do not meet any other individuals or enter into any relationships as a result of your use of the Site. Similarly, you acknowledge that we cannot be held responsible for emotional distress, or the break-up of any relationship or marriage, arising out of or in relation to the use of the Site. We exclude all liability in relation to these matters.

   • 4.6 If, notwithstanding the limitations of liability in this Agreement, we are found to be liable to you, our liability to you in respect of any event or series of related events will not exceed the greater of: 6 months' subscription fees, and the total amount of subscription fees actually paid by you to us during the preceding 12 month period.

   • 4.7 However, nothing in this Agreement will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

   
   

5. Restricted access and functionality

   
   

   • 5.1 Access to certain areas of the Site and certain functionality on the Site is restricted to Free Members and/or Full Members.

   • 5.2 We reserve the right to restrict access to other areas of the Site, or indeed the whole Site, at our discretion.

6. Gold Gift Vouchers

   
   

   • 6.1 You may purchase gift vouchers which may be used (and may only be used) to purchase a period of Full Membership with the Site ("Gold Gift Vouchers").

   • 6.2 If you purchase a Gold Gift Voucher, we will send you by email including a code which can be used on the Site to purchase a period of Full Membership.

   • 6.3 Gold Gift Vouchers are subject to any terms and conditions specified at the point of purchase, may not be exchanged for their money value, and must be used within the time period (if any) specified in the email that we will send you.

   • 6.4 A person who purchases a Gold Gift Voucher may cancel that Gold Gift Voucher (and will then be entitled to a refund of the relevant fee) by sending to us written notice of cancellation at any time within 7 working days of the date when we provide the email containing the relevant code, providing that at the time of cancellation the code has not been used to purchase a Full Membership.

7. Third party websites

   
   

   The Site includes links to other websites provided by third parties. These links are not recommendations, and are provided for your information only. We have no control over the content of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. Trade marks

   
   

   • 8.1 GAYGOLDDIGGERS and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

   • 8.2 The other registered and unregistered trade marks or service marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

9. General

   
   

   • 9.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect.

   • 9.2 No waiver of any provision of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of this Agreement.

   • 9.3 This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.

   • 9.4 You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time - providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under this Agreement.

   • 9.5 We may vary this Agreement from time-to-time by posting a new version on the Site and giving to written notice to Members of the variation.

   • 9.6 Where a Force Majeure Event gives rise to a failure or delay in us performing our obligations under this Agreement, those obligations will be suspended for the duration of the Force Majeure Event.

   • 9.7 This Agreement constitutes the entire agreement between you and us in relation to your use of the Site, and supersedes all previous agreements in respect of your use of the Site.

   • 9.8 This Agreement will be governed by and construed in accordance with English law.

PART B: MEMBERSHIP TERMS



10. Membership

    
    

    • 10.1 Membership is open to individuals who are at least 18 years of age and are acting in a non-commercial capacity.

    • 10.2 In order to become a Free Member, you must take the following steps:

      • complete the Site's Member registration form (which requires you to confirm your consent to the terms of this Agreement);
      • submit the registration form; and
      • click the activation link in an email that we will send to you.

    • 10.3 In order to become a Full Member, you must take the following steps:

      • sign up as a Free Member in accordance with Clause 10.2; and
      • pay our subscription fee for Full Membership in accordance with the instructions on the Site.

    • 10.4 If you make any error during the process of completing the Member registration form or signing up as a Full Member, you will have the opportunity to correct that error before finalising your Membership subscription.

    • 10.5 You will become a Member, and the terms in this Part B will come into force, when you complete the procedure set out in Clause 10.2. Your Membership will continue indefinitely, unless your Membership is terminated in accordance with Clause 14 or Clause 17, providing that your Full Membership will continue only for the period in respect of which you have paid your subscription fees, after which it will automatically revert to a Free Membership.

    • 10.6 You must not allow any person who is not a Member or indeed any other person to use your user ID and password, and you must ensure that that user ID and password are kept confidential. You accept responsibility for all activities that occur under or in relation to your user ID and password.

11. Subscription fees

    
    

    • 11.1 Full Membership is subject to the payment of a subscription fee (which will relate to a specific period, will be as stated on the Site from time to time, and which we may vary from time to time in our absolute discretion).

    • 11.2 Payment of the subscription fee must be made by credit or debit card via our secure payment gateway, and must be received in full in cleared funds before we grant access to the Full Member services.

12. Membership benefits

    
    

    • 12.1 Subject to Clause 12.3, Free Members will receive the following benefits during the term of their Membership:

      • limited access to our searchable database of Member profiles;
      • the use of 3 free "winks" (subject to completion of a full profile);
      • the ability to receive notifications of messages and "winks" sent by other Members via the Site.
      • the ability to view "Mystic Gold advice" (but not submit questions to "Mystic Gold");
      • the ability to view news and announcements on the Site; and
      • the ability to purchase Gold Gift Vouchers on the Site.

    • 12.2 In addition, and subject to Clause 12.3, Full Members will receive the following benefits during the term of their Full Membership:

      • access to the full "wink" and "goldlist" facilities on the Site;
      • the ability to send and receive messages to other Members via the Site;
      • the ability to purchase Gold Gift Tokens on the Site; and
      • the facility to view and post "personal ads" on the Site.

    • 12.3 We may, from time to time, vary the benefits available to Members in our absolute discretion.

    • 12.4 Save where expressly requested by us to do so on the Site, Members must not add any information to the Site which will facilitate direct communications with other Members or other users (including email addresses, postal addresses, instant messaging IDs, telephone numbers, or fax numbers).

13. Gold Gift Tokens

    
    

    • 13.1 Full Members may purchase gift tokens which may be used (and may only be used) to purchase admission to events organised by us ("Gold Gift Tokens").

    • 13.2 If you purchase a Gold Gift Token, we will send you by email including a code which can be used to gain entry to the relevant event without further charge.

    • 13.3 Gold Gift Tokens are subject to any terms and conditions specified at the point of purchase, may not be exchanged for their money value, and must be used within the time period (if any) specified in the email that we will send you.

    • 13.4 A person who purchases a Gold Gift Token may cancel that Gold Gift Token (and will then be entitled to a refund of the relevant fee) by sending to us written notice of cancellation at any time within 7 working days of the date when we provide the email containing the relevant code, providing that at the time of cancellation the code has not been used to access an event.

14. Consumer rights

    
    

    • 14.1 You may cancel Full Membership and will be entitled to a refund of your subscription fee if at any time within 7 working days of the date when your Full Membership first becomes active, providing that at the date of cancellation you have not taken advantage of any of the benefits of Full Membership.

    • 14.2 If you are entitled to a refund under Clause 6.4, 14.4 or 14.1, we will usually refund any money received from you using the same method used to send the money.

    • 14.3 We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.

15. User Content

    
    

    • 15.1 You warrant that the User Content (and its processing and storage by us via or in relation to the Site):

      • does not infringe any Intellectual Property Rights, other proprietary rights, rights of confidence or privacy, or data protection laws;
      • does not violate any law, statute, ordinance or regulation;
      • is not defamatory or maliciously false;
      • is not sexually explicit, obscene or pornographic; and
      • does not contain or consist of spam or any promotional, advertising or marketing material.

    • 15.2 You agree not to upload any image to the Site the file size of which exceeds 300KB, and you agree not to upload more than 5 images to the Site.

    • 15.3 You acknowledge that we do not undertake to monitor your use of the Site.

    • 15.4 You grant to us a non-exclusive royalty-free irrevocable world-wide licence to copy, modify, distribute, show in public, and create derivative works from your User Content in the course providing the Site and the Site services.

16. Warranties and indemnity

    
    

    • 16.1 In addition to the warranties set out elsewhere in this Agreement, you warrant to us that:

      • you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement;
      • all information you supply as part of a Member profile is accurate, complete and not misleading; and
      • that you will keep the information you supply as part of a Member profile up-to-date.

    • 16.2 We warrant to Members that:

      • we have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable us to lawfully enter into this Agreement; and
      • all services we provide to you under this Agreement will be provided with reasonable care and skill.

    • 16.3 Subject to our obligations under Clause 16.2(b), you acknowledge that:

      • all advice published on the Site (including the "Mystic Gold advice") is of a general nature, and may not be appropriate for your specific circumstances;
      • we cannot be held responsible for the behaviour of our Members, either on or off the Site, and we cannot guarantee that any information provided by a Member is accurate, complete and not misleading;
      • and accordingly you will not hold us liable in respect of any such matters.

    • 16.4 You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any term of this Agreement.

    • 16.5 We may take such action as we deem appropriate to deal with any breach of this Clause 16 or any other breach of this Agreement, including removing User Content, suspending your Membership, restricting your access to the Site, contacting your internet services provider, commencing legal proceedings against you and/or terminating your Membership in accordance with Clause 17.

17. Termination of Membership

    
    

    • 17.1 We may terminate your Membership for convenience at any time by giving to you written notice of termination, subject to Clause 18.1.

    • 17.2 We may terminate your Membership immediately at any time by written notice to you if:

      • you commit any breach of your obligations under these Terms;
      • you die, become incapable of managing your own affairs by reason of mental or physical illness or incapacity, become a patient under any mental health legislation, or are the subject of a bankruptcy petition or order.

    • 17.3 You may terminate your Membership at any time by deleting your account using the Site interface.

18. Consequences of termination of Membership

    
    

    • 18.1 Where your Membership is terminated under by us under Clause 17.1, we will refund to you any subscription fees paid to us in relation to any period of your Membership after the effective date of termination (the amount of which will be calculated by us using any reasonable methodology).

    • 18.2 Save as provided in Clause 14 and Clause 18.1, you will not be entitled to any payment upon termination of the Agreement.

    • 18.3 Both before and after termination, we will be entitled to set off any amount held in your account against any amount you owe to us whether under this Agreement or otherwise, and against any loss or damage suffered by us whether in relation to this Agreement or otherwise arising out of your acts or omissions.

    • 18.4 Termination of your Membership will not affect:

      • the accrued rights and obligations of the parties at the date of termination; or
      • the continued existence and validity of the rights and obligations of the parties under Clauses 15.1, 15.4, 16.1, 16.4 and 18, and the continued application of Part A to any use of the Site by you.