Welcome to the FavourClub Terms and Conditions.These Terms and Conditions will apply to the use by you if you access or use this Web Site. If you do not agree to be bound these Terms and Conditions hereunder, do not use or access this Web Site.You must read and accept all of the Terms and Conditions contained herein together with the Privacy Policy before you may use or access the Web Site in any way.

1. Definitions

"Agreement" means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Service  (as defined below).

"User" means you, the Web Site User.

"Disclosed Information" means any and all material disclosed by the User.

"Information" means any and all material contained in the Web Site (as defined below) which is delivered by or on behalf of FavourClub or any associates thereof

"Disclosed Information" means the services provided by FavourClub by means of its Web Site

"Web Site" means the FavourClub web site operated under the domain and sub domains of www.favourclub.com and www.favourclub.co.uk. 

2. Ownership of the Web Site

The Information contained on the Web Site is owned by, licensed or authorised to FavourClub its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Web Site is owned by FavourClub or its licensors or its content or technology providers except where otherwise specified.

3. Basis of Use of the Web Site

The User agrees to the following:-

1. that it is aged 18 or over.
2. that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
3. that it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site at any time;
4. that it shall not use the Information or the Disclosed information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorised by this Agreement;
5. that it shall not use or interfere with the Web site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
6. that it will comply with any reasonable instructions or directions issued by FavourClub from time to time concerning access to the Services;
7. that it will not post false, inaccurate, misleading, defamatory or abusive content (including personal information) or content of a sexual nature;
8. that it shall not use the Web Site, the Information or the Disclosed Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
9. that it shall not use the Web Site to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of FavourClub;
10. that it shall not run any tools on the Web Site that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
11. that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Web Site, it shall pursue such right, claim or action independently of and without recourse to FavourClub;
12. that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Web Site shall remain vested in FavourClub at all times;
13. that it acknowledges that FavourClub has no obligation to provide the Web Site or any Information or to ensure that the User is able to use, provide and/or access the Information, the Disclosed Information and the Web Site;
14. that it will indemnify and keep indemnified FavourClub against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information, the Disclosed Information, the Web Site or breach of the User's obligations under his agreement;.
15. that it will not distribute of post spam, chain letters, or pyramid schemes.
16. that it will not distribute viruses or any other technologies that may harm FavourClub or the interests or property of FavourClub users;
17. that it will not harvest or otherwise collect information about users including email addresses, without their consent;
18. that it will not post information to any web site bulletin boards, forum’s or chat rooms which is unlawful, threatening, harassing, abusive, defamatory or obscene, or any content the publication of which violates the rights of any third party.
19. that if it becomes aware of any activity which is illegal, immoral or which in any way reduces the value of FavourClub to its users or owners you will immediately notify FavourClub by email, telephone, fax or other ways necessary.
20. that it will be entirely liable for any transactions entered into;

4. Exclusion of Liability/Disclaimer

4.1. FavourClub provides the Services, the Web Site and the Information on an "as is" basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose. The probity of any advertisers and the veracity of any advertisements have not been checked by FavourClub and any information submitted or any reliance placed on the same is entirely at the risk of the User;

4.2. FavourClub makes no warranty or representation whatsoever about:

1. the reliability or technical efficiency of the Web Site;
2. the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information, Disclosed Information or other information and data; for further information on security measures, please read our Privacy Policy;

4.3. FavourClub excludes all liability (to the extent permitted by law) in respect of

1. any advertisements or other web sites which can be accessed via the Web Site;
2. any information provided by third parties which can be accessed via the Web Site or which are contained in the information and the Disclosed Information;
3. any damage to the User, the User's computer hardware, software or other material or equipment resulting from the user accessing or using the Web Site, the Information or the Disclosed Information;

4.4. FavourClub excludes all liability (to the extent permitted by law) in respect of:

1. any advertisements or other web sites which can be accessed via the Web Site;
2. any information provided by third parties which can be accessed via the Web Site or which are contained in the information and the Disclosed Information;
3. any damage to the User, the User's computer hardware, software or other material or equipment resulting from the user accessing or using the Web Site, the Information or the Disclosed Information;

4.5. FavourClub exercises no monitoring nor editorial control over any Web Site Bulletin Boards, Forums or Chat Rooms and accepts no responsibility for any views expressed or any other statement made or action taken in connection with such online elements of the Web Site. Notwithstanding the foregoing, FavourClub reserves the right to remove or edit any message or material for whatever reason.

4.6. FavourClub uses all reasonable endeavours to exclude viruses from the Web Site it cannot ensure such exclusion and it accepts no liability for viruses and the User is therefore recommended to take all appropriate preventative measures and ensure all appropriate safeguards are in place before downloading information from the Web Site. Similarly, the User undertakes to take all appropriate protective measures and to ensure all appropriate safeguards are employed to prevent the introduction of viruses by the User to the Web site.

4.7. FavourClub do not monitor the Web Site but reserve the right to do so.FavourClub takes no responsibility for material that has not been introduced by us.The User acknowledges that it is solely responsible for the form, content and accuracy of any disclosed information introduced by the User.

4.8. FavourClub reserve the right to (1) remove and material from the Web Site which we had our solediscretion found objectionable (2) limit  use of the Services if we believe it to be excessive and (3) end access to the Services at any time if the User in breach of these terms.

2. Privacy

Users are requested to read our Privacy Policy

6. Amendments to Terms and Conditions

FavourClub reserves the right to vary these Terms and Conditions from time to time. The User's continued use or access of the Web Site after such variation shall be deemed to confirm the User's acceptance of any such variation. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the web site immediately.

7. Membership

To join FavourClub you must complete the Membership Application and to make payment to us of the fees, in cleared funds. At that point you will be allocated you a unique username and password. From that time you will be able to access the Services.

Each User is permitted to have one membership only. Multiple memberships from the same User are not permitted. FavourClub reserves the right to carry out checks on the identity information supplied by Users and to terminate the User’s membership in terms of Clause 14.2 as a material breach of this Agreement if a User is found to have more than one membership.

8. Access

8.1 Your username and password are personal to you and you agree not to disclose the same to any third party nor to allow any third party to use your subscriber information to access the areas of the site reserved to subscribers only. Should you do so FavourClub may immediately terminate this contract.

8.2 FavourClub reserves the right to revise or amend the Service at any time or to restrict your access to any aspect of the Service for whatever reason.

9. Equal Opportunities

Membership of FavourClub is open to all regardless of age (subject to the requirement to be 18 or over), sex, ethnic origin, sexual orientation, ability, or any other descriptive parameters.

10. Severability

If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.

11. Disclaimer

FavourClub provides no warranty or guarantee or whatever in regard to the services offered or carried out by users of the service.Users are deemed to have satisfied themselves as regard to the integrity, qualifications, skills, liability and all other aspects of any other users of the services with whom they transact.

12. Taxation and Benefits

12.1 The user is responsible for any liability to UK income tax or any other taxation liabilities and shall make any necessary enquiries on its own behalf in this respect.

12.2 Users of the service who are in receipt of any governmental or other benefits or allowances are responsible for making there own enquires as to whether the transactions entered into whilst using the FavourClub service will affect any such benefits or allowances.

13. No Waiver

No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.

14. Term and Termination

14.1 The contract shall run for a minimum period of one month from the Start Date unless terminated under Clause 14.2. After the minimum period, the Contract shall continue unless and until terminated by one party giving written notice to the other, such notice to expire one calendar month later, or earlier if terminated by FavourClub in accordance with Clause 14.2.

14.2 Either the FavourClub or the User shall be entitled to terminate this agreement immediately by written notice to the other if either party commits any material breach of this agreement and, in a case of a breach capable of rectification, fails to rectify the breach within 21 days after receipt of a written notice given full details of the breach and requiring it to be rectified.

14.3 Either FavourClub or the User can also terminate this agreement if the other party is the subject ofa bankruptcy order (or the equivalent in any other jurisdiction) or the other becomes insolvent or makes any arrangement or composition with, or an assignment for the benefit of, its creditors with any of its assets are subject of any form of seizure.In the event of either of us being a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.

15. Force Majeure

Neither party shall be liable for any breach of these terms cause by matters beyond their reasonable control, including but not limited to, Acts of God, fire, lightening, explosion, war, disorder, flood, industrial dispute (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.

16. Dispute Resolution

Should any dispute arise out of these terms and conditions parties shall attempt to settle it by Mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.

17. Entire Agreement

This Agreement comprises the full and complete understanding between the parties and supersedes all prior arrangements and undertakings whether written or oral appertaining to the subject matter of this Agreement.

18. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Scotland the courts of which shall have non-exclusive jurisdiction.

I have read and accept these terms and conditions and declare that I am aged 18 or older and capable of entering into contractual transactions.