1. This Agreement is a legal contract that sets out your rights and obligations, and those of Capricorn Blue, a company registered in England under registration no. [ ], in relation to this site and the services offered by 9in10 through it. By registering, you agree and accept that you are entering into a contract with us on the terms contained in this Agreement.
2. If you register and pay the required fees (as set out below) for the 9in10 Service you shall become a “Member”. You must be at least 18 years of age.
3. As a Member you may: a. Register the telephone number of your spouse or partner; b. Register your name and telephone number or your name and email address in order that other Members may contact you; c. View in your Profile area the contact details of other Members who have posted contact details about their spouses or partners that match those of your spouse or partner.
4. Once you register and pay the Membership fee you are agreeing to become a Member immediately after the fee has been paid. There is therefore no cooling-off period during which you may cancel your membership, as is provided in certain circumstances under the Consumer Protection (Distance Selling) Regulations 2000.
5. You acknowledge that we are not and cannot be held responsible for your behaviour and/or that of other Members when on the 9in10 Service or outside of it. We only provide a website where the 9in10 Service can be accessed.
6. You agree that you must not disclose to any third party (whether or not a Member) the contact details of any other Member that has matched the contact details of your spouse or partner, except as required by law.
7. In order to access the 9in10 Service, you must have Internet access and it is your responsibility to provide or maintain such access. We undertake no responsibility for the provision or maintenance of Internet access to the 9in10 Service.
8. In order to become a Member you must pay a membership fee to us. The amount of the fee is the sum set out on the 9in10 Service. We reserve the right to alter the amount of the fee from time to time, provided that such amount is clearly stated at the time when you agree to take the relevant 9in10 Service.
9. We may add new or ancillary services from time to time, which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.
10. The membership fee entitles a Member to the membership for a 12-month period from the date of registration. This means that if a person registers on 1st January in one year, their membership will expire on 1st January in the next year.
11. Your membership can be renewed for a further period of 12 months from the date of expiry upon payment to us of the membership fee that is current at the time of renewal.
12. You will not be permitted to renew your membership after it has expired. We will notify you that your membership is due to expire no later than 7 days before the date of expiry.
13. You will not be entitled to a rebate of your membership fee if we entirely withdraw an aspect of the 9in10 Service to which you have subscribed or the entirety of the 9in10 Service, as provided for in the clause below.
14. In registering for the 9in10 Service you undertake to use accurate and current information about yourself and your spouse or partner, including your correct name, address and any other requested details.
15. If you are asked for, and provide, details of a credit, debit or charge card, you undertake that (a) you are entitled to use that card, and (b) it has available funds sufficient to cover the charges, which are deducted from it in order to register with the 9in10 Service.
16. The 9in10 Service Privacy Policy forms part of this Agreement and by agreeing to this Agreement, you also give your consent to the way we may handle any personal data in that policy. Additional Services
17. 9in10 or its affiliates may offer new or additional services through the 9in10 Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the 9in10 Service in an appropriate manner (which shall be determined by us at our reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
18. 9in10 reserves the right to withdraw or modify one or more aspects of the 9in10 Service, or the entirety of it, where we have legal or commercial reasons for doing so. There may also be times when the 9in10 Service becomes inaccessible as a result of technical difficulties experienced by 9in10 or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of any membership fees for the withdrawal, modification or unavailability of the 9in10 Service. For security or other reasons, we may require you to change password or other information, which facilitates access to the 9in10 Service.
19. The 9in10 Service shall be used by Members solely for the purposes set out in Clause 3 above and therefore you must not: a. Place material on, or otherwise use, the 9in10 Service for any business or commercial purpose; or b. Use your access to the 9in10 Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as “spam”).
20. We reserve the right (a) to suspend or terminate your access to the 9in10 Service, or parts of it, and/or (b) to edit, or require you to edit, material posted on the 9in10 Service if you or relevant material that relates to you appears to us to be in breach of this Agreement and/or contrary to the law and/or is likely to bring the 9in10 Service into disrepute. Any person whose access has been suspended or terminated must not re-register for, or re-access, the 9in10 Service without our prior consent. You are responsible for everything, which is done on or through the 9in10 Service while your Membership account is logged on to the 9in10 Service, or through your email address(es).
21. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the 9in10 Service, nor any activity or communication you make in connection with any 9in10 Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
22. If you see anything on the 9in10 Service which appears to infringe this Agreement, then please contact us to inform us of it by sending an email to info@9in10.com.
23. You, along with each Member agree that we are entitled to withdraw (with or without notice) any material on the 9in10 Service which appears, whether based on information received from Members or others, or our own determination, to be capable of breaching any part of this Agreement or to bring the 9in10 Service into disrepute.
24. 9in10 has no control over or responsibility for the truth or accuracy of any material available on the 9in10 Service.
25. In the event that the contact details of your spouse or partner are matched by those registered by another Member this does not mean that the 9in10 Service is making any claim or assertion that your spouse or partner has behaved in an inappropriate manner. The service that we provide is only to alert Members that the contact details of your spouse or partner have been matched.
26. If any third-party sites are linked to the 9in10 website, this does not mean that we endorse or have any responsibility for the site in question or bear any responsibility for the site in question or anything which appears on it.
27. You accept that your use of the 9in10 Service is entirely at your own risk and therefore, to the extent that the law permits, you release 9in10, its directors, employees, contractors or agents from all liability arising out of or in connection with the 9in10 Service and the material included thereby Members and third parties.
28. You accept that all copyright, trademarks and other intellectual property rights in and relating to the 9in10 Service (including material which is contributed by Members) are owned by 9in10.
29. You must not copy, distribute, show in public or create any derivative work from the 9in10 Service, or any material, which is found on the 9in10 Service unless properly licensed to do so by us.
30. We will not be liable to you or any third party for any indirect or consequential damage, or for any loss of or damage to data, profit, revenue, business or reputation, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). 9in10 will also not be liable for failing to perform any of its obligations under this Agreement caused by matters beyond our reasonable control.
31. 9in10 warrants to you that it will use all of its reasonable endeavours to provide the Services using reasonable care and skill.
32. Without limiting the preceding clause, during any period of 12 months, the total liability of 9in10 under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £10, or (b) an amount equal to the sums paid by you to us by way of Membership fee during the relevant period of 12 months, regardless of the cause or form of action. Non-excluded Liabilities
33. Nothing in this Agreement limits 9in10's liability for death or personal injury resulting from our negligence or any other liability, which may not be excluded. Any statutory rights you have as a consumer remain unaffected. Indemnity
34. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on you which you access the 9in10 Service. Assignment
35. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not, without the written consent of 9in10, assign or dispose of this Agreement. Entire Agreement
36. This Agreement includes our Privacy Policy. Together they contain the whole of the agreement between us and you concerning the 9in10 Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either or us. A person who is not a party to this Agreement has no right under the Contracts (Rights or Third Parties) Act 1999 to rely upon or enforce any terms of this Agreement.
37. 9in10 reserves the right to change this Agreement from time to time, and to post the new version on the 9in10 Service. When we do so, we will notify you of the fact that there are changed terms on the main screen of the 9in10 website (www.9in10.com or www.9in10.co.uk or www.nineinten.com or www.nineinten.co.uk), and the new version of these terms and conditions will take effect, and will govern all 9in10 Services and your relationship with 9in10: a. Commencing one week after the date of posting (or such later date as 9in10 indicates in the relevant posting) if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us in writing on or before the date when the new version of the Agreement is to take effect, and from that, you date you agree to cease using the 9in10 Service; or b. Immediately upon the date of posting (or such date as 9in10 indicates in the relevant posting), if changes are not to operative provisions, or not capable of adversely affecting you – examples of which include, without limitation, changes to one or more of 9in10's addresses or e-mail addresses referred to in this Agreement.
38. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
39. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and we and you irrevocably agree to submit to the exclusivity of the English courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
40. You can contact us by email at info@9in10.com
