WEBSITE USER AND USER ADMINISTRATION TERMS AND CONDITIONS OF USE
This website and it’s code (" Website ") is supplied by MSL and managed by Falmouth & Exeter Students’ Union (FXU), (referred to as " we ", " us " or " our ").
This Agreement (the terms and conditions of which are set out herein below) shall govern your use of this Website as well as all online features, services and products which may be accessed over this Website. Your participation therein is conditioned upon your acceptance of the terms and conditions contained in this Agreement.
To possess the legal capacity to enter into this Agreement, you must be at least 18 years of age. By entering into this Agreement, you warrant that you are at least 18 years old. Upon entering into an Agreement with us, you agree to supervise any usage and be responsible for all acts of any person below 18 who use your computer and /or user ID and password to access the services provided by us on this Website.
Please check and read this agreement and if you do not agree to these terms and conditions, please do not register for or use the administration area of the Website.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following words shall have the following meanings, unless the context otherwise requires :
Agreement : comprises of the completed Application Form (and its attachments) and these Website Terms and Conditions of Use;
Application Form : the application or registration form in relation to any features, products or services accessible through this Website;
Contents : shall have the meaning ascribed to it in Clause 2.1;
Password : shall have the meaning ascribed to it in Clause 3.1;
Restricted Areas : shall have the meaning ascribed to it in Clause 3.1;
Users (referred to as “you”) : the person who has decided to submit an registration form to be a fxu.org.uk member and whose application to on this Website is accepted by us, all subsequent to his or her earlier signing up to a general membership allowing access to some functions of the Website. Neither Party shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other's behalf without prior agreement as set out in your clubs constitution. Where persons have agreed to act in authority for a club or society they shall provide written evidence to such effect and will be deemed jointly liable for any action taken on behalf of their club or society. We shall record the users who hold administration rights for a maximum period of 12 (twelve) months or unless otherwise notified. After this period all administration rights will be withdrawn. The Parties acknowledge and agree that this Agreement shall not constitute, create or give effect to or otherwise notify any partnership, joint venture, agency, pooling arrangement or other formal business organisation of any kind between the Parties.
1.2 Other defined terms
Other terms may be defined elsewhere in the text of this Agreement and, unless otherwise indicated, shall have such meaning throughout this Agreement.
1.3.1 The words " hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement.
1.3.2 The words " include", "including" and "among other things" shall be deemed to be followed by "without limitation" or "but not limited to" whether or not they are followed by such phrases or words of similar import.
1.3.3 The headings are for convenience only and shall not affect the interpretation hereof
1.3.4 Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa and references to persons shall include bodies incorporate or unincorporated, and vice versa.
1.3.5 Where a word or expression is defined or the construction of any word or expression is addressed, any grammatical variation of such defined word or expression shall be construed accordingly.
2.1 The materials located on this Website, including all information, photographs, audio and video clips, graphical elements, forms, diagrams, text, computer animation, music, lyrics, sound effects, visual effects and software programs available on or through this Website (collectively " Contents "), are protected by copyright, trademark or other proprietary rights. All rights, title and interest in and to the Contents are owned, licensed to or controlled by us or third parties.
2.2 You may not copy, store, either in hardcopy or in an electronic retrieval system, transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, license, rent, lease or otherwise transfer any of the Contents to any third person whether for direct commercial or monetary gain or otherwise without our prior written permission. We reserve the right to take any legal or other action as we may deem appropriate against any party(ies) for any unauthorised use (including use for commercial benefit) of this Website.
2.3 Any rights not expressly granted herein to you are reserved.
2.4 Except as otherwise indicated with respect to a particular Content, by uploading or posting materials or Contents to on the Website, you shall be deemed to have granted (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable and non-exclusive world-wide right to use, edit, modify, adapt, copy, publish, reproduce, distribute, translate, create derivative works from them and distribute such works, or incorporate the materials or Contents into any form, format, medium or technology now known or later developed as we may deem fit. You warrant and represent to us that you are authorised to grant all those rights set out in the foregoing sentence. In addition, you shall also be deemed to waive all moral rights in those materials or Contents.
2.5 We do not monitor, review, screen or edit Contents posted by you and we are not responsible for such Contents. However, we reserve the right to delete, move or edit any Contents (including messages posted in any online forum) that we deem, in our sole discretion, to be in breach of this Agreement or in violation of any applicable law or is otherwise objectionable. You are responsible for all Content posted by you or by any other person using your user account.
3.1. Portions of this Website may currently be freely accessible. Other portions (" Restricted Areas ") are restricted to those who have registered themselves with us using the Registration Form. As part of the registration process, you will be given a user ID and password (" Password ") and will be required to provide certain information about yourself.
3.2 You acknowledge and agree that you acquire no rights to any user ID, Password, or any other reference or codes assigned to you. We reserve the right to change or re-assign any of the same to you at our sole discretion without being liable to you for any damages or loses suffered.
3.3 You agree to provide us on an on-going basis with accurate, complete and updated registration and enrolment information of yourself as a User.
3.4 In addition, you agree to the following:- (a) to provide only your own name to obtain a Password; (b) not to falsify your name or information, submit bogus information, or impersonate another person; (c) to use only you own name and Password to gain access to Restricted Areas; (d) that you are responsible for maintaining the confidentiality of your Password; and (e) that you will only access or try to access those Restricted Areas to which you have authorization to access.
3.6 You are responsible for : (a) all use of your user account under your user ID by any person whether or not authorised by you; and (b) ensuring that all use of your user account complies with this Agreement.
3.7 You agree to promptly notify us of any known or suspected unauthorised use of your user ID or Password or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your Password.
3.8 We shall not be liable for any loss or damage incurred by you or any third party due to any wrongful use of your account by you or any wrongful or fraudulent use of your account by any other person.
4.1 Although portions of this website can be viewed simply by visiting the pages or registering as a general member, you must be registered as a User with us before you are entitled to participate in the e-commerce section to offer products or services accessible through this Website.
4.2 You shall pay all charges, including transaction fees that are due payable to the transaction service provider or where you create an e-commerce section you shall be paid all charges, less any transaction fees that are payable to either the transaction provider, website provider or website management. You shall be responsible for managing the VAT implications of any transaction such that VAT , where applicable, is charged at the correct rate. VAT must comply with the HM Customs & Excise regulations. Failure to correctly account for VAT may result in us claiming charges from you. A copy of the transaction fees, VAT regulations and specific e-commerce accounting advice is available on request. The e-commerce sections that you create including all products and services indicated in this section at the applicable rates set out therein or as may be prescribed by us from time to time. These fees and charges shall be payable at or within the stated time and are non-refundable unless under specific promotions.
4.3 All payments must be made in a timely manner and effected through Protx or such other electronic payment gateway designated by us and notified to you via email from time to time.
4.4 Users shall be responsible and we shall not be liable for any charges of whatever nature incurred in connection with or pursuant to the use or purported use, whether authorised or unauthorised, of your account.
5. CODE OF CONDUCT ON THE WEBSITE
By accessing and using this Website or by participating in any of the virtual community you agree to observe and be bound by this Website's Code of Conduct (as the same may be amended from time to time), which is incorporated herein by reference.
6.1.1 The facilities contain public areas which may be viewed from any Internet connected PC. Other areas are restricted to access by members of FXU. It's important to FXU that its members and customers retain their privacy when they take advantage of all that the Union and its services have to offer. Your privacy is important to us. We therefore operate on the basis of a number of principles.
The information you give us in registering your membership of the Student’s Union, will be stored securely. If any of the information you have given us changes at any time, you can directly change this record yourself by clicking the 'Update My Details' button in the top left box on your page, after you are logged in. You can set your own preferences for information receipt and can change these at any time. Thus for example, should you choose not to ‘opt-in’ for news no specific communications will be sent to you.
FXU will use this information to communicate with you by e-mail, or by text message, to provide you with essential information regarding your membership, including information about elections, annual general meetings or other events that may provide changes to your membership. We may also communicate with you to improve our website and to personalise our service to you. For example we may provide you with newsletters, activity information, pointers, advice, recommendations or advertisements for goods or services that we think will interest you, according to the preferences you have determined. We will also use the information for our own internal membership administration and analysis.
We will not however disclose, sell, rent or otherwise exchange any information personal to you to any third party without your prior express approval. The only exceptions to this shall be in order to comply with our legal obligations, to enforce the terms and conditions of use of our web-site or to protect and defend the rights and interests or property of FXU, the University, or other member.
FXU will not store in or transfer your personal data to Countries outside the UK.
By disclosing information about you to us on our web-site or in any other way, you consent to the use of that information in the manner set out in this policy.
As required by Data Protection legislation, FXU has notified the Data Protection Commissioner of the types of information we hold, the purposes for which we hold it and the third parties to whom we may disclose it. If you have questions about this policy, please e-mail us at firstname.lastname@example.org
6.2 No data transmission over the Internet can be guaranteed to be 100% secure. As a result, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you acknowledge and agree that you do so at your own risk.
6.3 Links to other websites
7. YOUR OBLIGATIONS
7.1 You agree that your obligations shall include the following :-
7.1.1 that you shall be responsible at your own cost to ensure that you have the requisite minimum hardware and software requirements and configurations (including all facilities, resources, power points, electricity, conduits, pipes, access, license or easement) in order to properly access and use the Website.
7.1.2 that you shall comply with all notices, instructions and directions given by us in respect of the use of this Website.
7.1.3 that you shall be responsible at your own cost for obtaining all licenses, permits, approvals and intellectual property rights or other rights required for your use of this Website.
7.1.4 comply with the rules of any network through which you access the Website.
7.1.5 that you are responsible for all Contents and information retrieved, stored or transmitted through this Website by you.
7.1.6 that you shall, in accessing and using this Website, comply fully with all relevant laws and regulations to which you are subjected; and
7.1.7 that you shall not use the Website for any unlawful purposes.
8. NO WARRANTIES / DISCLAIMERS
8.1 As to the Website, products and services
8.1.1 Due to the inherent defects of electronic distribution, there may be delays, omissions or inaccuracies in the Contents, and although we endeavour to ensure that the Contents are accurate, correct and complete, they are provided to you on an "as is" basis and without warranties of any kind.
8.1.2 We do not make any representations and hereby disclaim with respect to this Website, its Contents, products and services accessible through this Website (including their use by you) all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, reliability, completeness, currentness, non-infringement of intellectual property or other rights, merchantability or satisfactory quality, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. We assume no responsibility for the consequences of any errors or omissions. You acknowledge and agree that any reliance you place on the Website, its Contents and the products and services shall be at your own risk.
8.1.3 You understand and agree that any Contents or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Contents or data.
8.1.4 We do not warrant that this Website will be provided on an uninterrupted basis or is secure or error-free or that all defects (if any) will be corrected.
8.1.5 We do not warrant or make any representations regarding the use or the results of the use of the Contents or any of the products or services accessible through this Website.
8.1.6 Although we intend to take commercially reasonable steps to prevent the introduction of viruses, worms, "Trojan Horses" or other destructive materials, we cannot and do not guarantee or warrant that this Website or the server that makes it available or Contents that may be downloaded from the Website do not contain such destructive features. We shall not be liable for any loss, damage or harm attributable to such features.
8.1.7 We may, but shall not be obliged to, perform any system backups on Contents or information stored within the server serving the Website. We shall not be responsible nor be under any obligation to provide historical data or to assist you in downloading, faxing or reading to you any of your information or Content which you have posted on the Website.
8.1.8 You agree that your participation in the activities of this website (or subordinate websites) is entirely at your own risk. Apart from any warranty expressly made by us in this Agreement, no information of any nature and in whatever form which you have obtained from us, our related companies and affiliates and licensors, our/their officers, directors and employees shall create any other warranty.
8.2 As to third party websites
8.2.1 We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from this Website. Since some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of materials or content contained in third party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
8.2.1 We cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from this Website. We do not make any representations or warranties as to the security or any information (including without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
9. LIMITATION OF LIABILITY
9.1 We shall not be liable to you or anyone else for any direct, indirect, incidental, special, punitive or consequential damages: (a) arising out of or in connection with any interruption, suspension or termination of the Website, or the use or inability to use the Website or Contents; (b) for the cost of procurement of substitute products or services; (c) resulting from any products or services purchased or obtained or messages received or transactions entered into through this Website; (d) resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles; even if, in each case, we have been advised of the possibility of such damages.
9.2 We shall not be liable to you for : (a) any psychological setbacks arising from your participation in any online forums, live chat, notice boards, classifieds or any content or from your use of any products or services accessible through this Website; (b) any act, omission, message, comment of or made by other Students or users of this Website; (c) any physical injury or any side-effects arising from the use of your computer system in participating in any of the online courses or use of any products of services accessible through this Website; and (d) any act, omission, negligence, or in-competency of any of users or administrators of this website.
9.3 In no event shall we be liable to you or to anyone else for any loss or injury caused in whole or in part by contingencies beyond our control or negligence in procuring, compiling, interpreting, editing, writing or delivering of any Contents.
You agree to indemnify and keep us, our related companies and affiliates and licensors, our/their officers, trustees, directors and employees (each and collectively the " Indemnitees ") indemnified from and against any claim, demand, actions, proceedings, liability, losses (whether direct, indirect or consequential), damages (whether in tort, contract or otherwise) costs and expenses (including legal costs on a full indemnity basis) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers, hacking, property damage or pecuniary losses howsoever arising) which the Indemnities may sustain, incur, suffer or pay arising out of or in connection with: (a) your use of the Website; (b) any breach by you of any provisions of this Agreement; (c) any act, omission or default by you; (d) your infringement of any intellectual property or other rights; (e) any use or alleged use of your account or Password by any person whether or not authorised by you; or (f) any publication, distribution or redistribution related to any materials posted by you or the use of such materials by any person, including liability resulting from any virus, work, "Trojan Horse" or other contaminating or destructive feature of such materials.
11.1 Termination without cause
Either you, your club / society or we may at any time terminate without cause this Agreement by giving to the other 30 days' prior notice via email.
11.2 Termination for cause
We may terminate this Agreement with immediate effect by an email notice to you:-
11.2.1 if, in our sole opinion, you have breached any of the terms and conditions of this Agreement (other than pertaining to payment of monies or fees) and you refuse, neglect or fail to remedy such breach within 30 days from the date of a email notice to that effect from us;
11.2.2 if any monies or fees payable by you under this Agreement is not settled in full or if any deposit or increase thereof required by us not paid, by the stated due date;
11.2.3 if you have provided any false, misleading or incomplete registration information to us;
11.2.4 if, in our sole discretion you have infringed on the intellectual property or other rights of any person;
11.2.6 if we have been directed by the relevant regulatory authorities to discontinue the Website or the provision of any of the products or services offered on or through the Website;
11.3 Without prejudice to Clause 11.2 and any other right or remedies available to us, in the event we shall, in our opinion, determine that you have breached any of the provisions of this Agreement, we reserve the right to:-
11.3.1 warn you via email that you have breached the terms and conditions of this Agreement;
11.3.2 delete any or all Contents provided by you to this Website;
11.3.3 notify and/or send any Contents to and to fully co-operate with the relevant law enforcement authorities for further action; and / or
11.3.4 take any other action which we deem appropriate.
12. AMENDMENTS TO AGREEMENT
We reserve the right to amend, revise or supplement, at our discretion, this Agreement at any time and from time to time and you shall be deemed to be aware of and be bound by all such changes upon publication on this Website. Please check this area before you use the Website to determine if any change has been made to the terms and conditions of this Agreement. If you do not agree to any of such changes as they may occur, please arrange to terminate your registration with us immediately by (i) notifying us via email of your unwillingness to accept the said changes, and (ii) by discontinuing your use of this Website. Your continued use of this Website will signify your acceptance of any change in the terms and conditions of this Agreement.
13. CHANGES TO THE WEBSITE
We reserve the right to modify or discontinue this Website or any products or services with or without prior notice to you and without any liability whatsoever to you or any third party.
14. GOVERNING LAW AND ARBITRATION
14.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of laws.
14.2 Any dispute arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) which cannot be resolved by amicable settlement between you and us shall be referred to and finally resolved by arbitration in FXU in accordance with the Rules of the FXU constitution. The arbitration shall be conducted by a single arbitrator appointed by the President of FXU and such appointment shall be binding on the parties.
Neither this Agreement, nor any rights or obligations hereunder, may be assigned, mortgaged, charged or otherwise transferred by you without our prior consent.
16. FORCE MAJEURE
16.1 We shall have no liability nor be deemed to be in breach of this Agreement, or be liable for any failure to perform or any delay in the performance of our obligations under this Agreement to the extent that such non-performance or delay is due to any event beyond our reasonable control. In any of such events we shall for the duration of such event be relieved of such obligations under this Agreement as is affected by the said event Provided That this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event And Provided Further That the parties shall resume their full obligations under this Agreement upon the cessation of such event.
16.2 Our obligations hereunder shall be suspended during the time and to the extent that we are prevented from complying therewith by any such force majeure event. We shall give you notice thereof, specifying the nature and details of such event and the probable extent of the delay.
16.3 We shall be entitled to terminate this Agreement by notice to you if such any such force majeure event prevents our performance of this Agreement for more than 90 consecutive days.
17.1.1 Any notice or other communication given or made under this Agreement shall be in writing and may be sent by electronic mail or by facsimile transmission or by prepaid registered letter (airmail if overseas), addressed as follows:
Falmouth & Exeter Students' Union
Tel: 00(44) 1326 255861 Email: email@example.com
17.2 Entire agreement
This Agreement embodies and sets out the entire understanding between you and us relating to its subject matter and supersedes all prior or contemporaneous, representations, agreements, arrangements or understandings, either oral or written, between you and us relating to such subject matter.
17.3.1 No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude the exercise of such right, power or privilege.
17.3.2 In the event that any party shall expressly waive any breach, default or omission hereunder, no such waiver shall apply to, or operate as, a waiver of similar breaches, defaults of omission or be deemed a waiver of any breach or omission hereunder.
17.4 Invalid clauses
If any one or more of the provisions contained in this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
17.5 Relationship of parties
Neither party hereto shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other's behalf. The parties acknowledge and agree that this Agreement shall not constitute, create or give effect to or otherwise notify any partnership, joint venture, agency, pooling arrangement or other formal business organisation of any kind between the parties hereto.
18 ONLINE SHOPPING POLICIES
18.1 Return Policy for FXU Clothing & Gifts
18.2 Full refunds are available for FXU Clothing & gifts that are returned within 28 days of receipt with proof of purchase (transaction email receipt). An exchange of goods up to the value of the original purchase will be offered for items returned after this period. Returned goods must be unworn and unwashed.
18.3 To arrange a return
email firstname.lastname@example.org or
visit the FXU on the Penryn or Falmouth campus or call 01326 255861.
18.4 The above refund & returns policy is limited to goods sold online by the Students' Union Shop and does not apply to sports kit and clothing associated with Sports Clubs, Societies, Networks or other student groups or events.
18.5 Tickets Policy
18.6 Refunds: Sorry but all tickets are non-refundable unless in the event of cancellation.
18.7 Lost Tickets: If you lose your tickets contact email@example.com with proof of your purchase and we'll see if we can help you so you don't miss out, though this will depending on the event and circumstances at the time.
18.8 Memberships of Sports, Societies & Networks
18.8.1 You can cancel your membership of a Sports Club, Society or Network within 20 working days (term time) of joining, and you will receive a full refund. This does not apply if you have already been selected by the club to represent FXU in a competition, unless there are exceptional circumstances.
18.8.2 Your membership of the Union's Sports, Societies and Networks is conditional on your proper conduct and therefore can be withdrawn if you breach our values, policies or codes of practice. Please read the FXU Code of Conduct (available from the Activities Office at Penryn or downloaded from the Sport & soc pages of the website.
CLUB AND SOCIETY MEMBERSHIP PURCHASES