Terms and Conditions of Use of ForMyLife.co.uk
1. Terms of Use
1.1 Definitions
In these Terms (as defined below), unless the context indicates otherwise, the following expressions have the following meanings:
Account means any account set up by a User with a view to utilising the Services of the Website and (where applicable) undertaking Transactions available and facilitated by such Services (regardless of whether or not such Services are utilised or Transactions are completed)
Account Holder means the Host or Guest (being of at least eighteen (18) years of age) or any other person or an entity that creates an account with ForMyLife.co.uk for the purpose of using the Services provided on the Website;
Agreement means the contractual agreement entered into by and between the User and FML authorising use of the Website and Services (where applicable) as governed by the Terms herein.
Event means the designated event, celebration or occasion for which the Gift List is compiled, together with its associated registry.
Gift List means an individual list of comprising product(s) made available via the Website, set up by a registered Host in connection with, or for the purposes of a designated Event, as may be stipulated by the Host.
Guest means a person or an entity that uses the Website for the purpose of providing/contributing a gift(s) to the Host by way of cash deposits to a Gift List designated by the Host;
Host means a person or an entity that creates the Gift List for its use of the Website;
Materials mean User Materials and/or Website Materials;
Supplier means the person or entity from which goods or services (e.g. gifts) available on the Website are purchased and whose standard terms and conditions shall govern all Transactions.
User Materials mean any materials posted on the Website by the User which include but are not limited to any information, text, graphics, photographs, questions and/or other materials;
FML means ForMyLife.co.uk including its owner Focused Giving Ltd (Registered company number: 05869614)
FML Documents mean these Terms, the FML Privacy Policy and any other information, notices, terms and conditions (including applicable amendments and alterations) posted on the Website by FML from time to time;
List means each Gift List of the Host set up on the Website for the purpose of utilising the Service of FML;
Service means a provision and administration of an online gift list service on the Website to the Users by FML;
Transaction means any financial transaction between User and Supplier undertaken via a Gift List set up on the Website;
User means a user of the Website in the context which shall include but not limited to a person who:
- visits, accesses or views the content, material or any items on this Website as a non-account holder; or
- is an Account Holder
User's Obligations means any obligations or terms imposed on the User under the FML Documents;
Website means the website located at www.formylife.co.uk;
Website Materials mean any materials posted on the Website by FML which include but are not limited to any information, text, graphics, photographs, questions and/or other materials;
Other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning.
1.2 Interpretation
a). words denoting the singular number include the plural and vice versa;
b). words denoting individuals include corporations and vice versa;
c). headings are for convenience only and shall not affect interpretation;
d). references to clauses and sub-clauses are references to clauses and sub-clauses of these Terms;
e). references to "£" "pounds" and pence "p" are references to Great Britain Pounds Sterling currency unless specified otherwise;
f). where any of the parties hereto comprises more than one person any covenants, agreement or obligation undertaken, or benefits received by virtue of these Terms, shall be undertaken or received by all of them jointly and each of them severally, and the claims the subject of the release or indemnity as the case may be include all claims by or against those persons or any one of them;
g). words denoting any gender include all genders; and
h). reference to any legislation or any section or provision thereof includes any statutory instrument, modification, amendment or re-enactment thereof or any statutory provision substituted therefor and any ordinances, by-laws, regulations or other statutory instruments issued thereunder.
2. Who is bound by these Terms and Conditions of Use?
These Terms and Conditions of Use ("Terms") bind you and each person who uses the Website (User) located at www.formylife.co.uk. If you do not agree to be legally bound by the Terms, then you are not authorised to use this Website, utilise the Services therein or undertake any Transaction(s) and must exit the Website immediately.
3. User's Warranties vUser warrants:
3.1 that any User Materials in any form posted to or on this Website by the User may be lawfully posted by the User provided at all times that such User Material:
(i) is not illegal nor violates any intellectual property rights of any person or entity,
(ii) is not contrary to any statute, law, or regulation or otherwise injurious to third parties;
(iii) is not offensive, obscene, hateful, defamatory, indecent, threatening, abusive, objectionable or distasteful (at the sole discretion of FML)
(iv) does not consist of any advertising, spam, program, virus, worm or similar content that may or is likely to adversely interfere with the data and the operation of the Website or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way
(v) consist of professional advice, political campaigning, commercial solicitation, chain letters, mass mailings or any links/references to any other websites except where expressly permitted to do so
(vi) does not disclose any confidential information owned by any third party or that of FML.
3.2 that by submitting information Users are granting FML all necessary rights and consents to publish the information on the Website in accordance with these Terms and the FML Privacy Policy:
3.3 that any information or User Materials supplied to FML and/or posted on the Website by the User is and will be true, correct, accurate, complete and not misleading at all times. Users must not give a false email address, nor impersonate any person or entity. By entering the Website each User agrees to inform FML immediately of any changes to the information supplied by the User to FML. You can access and update the information provided to us within the ‘My Home’ section of the Website;
3.4 that (where applicable) User owns or controls all of the rights to any User Material submitted to FML at the date thereof.
3.5 that User agrees and accepts that FML shall have a non-exclusive, royalty free right without limitation (other than any restriction specified in the Privacy Policy) to reproduce, modify, adapt, publish, translate and such User Material throughout the world in any media in connection with and as part of the business activities of FML.
3.6 that User's access and use of the Website including (without limitation) registration for or utilisation of the Services offered is entirely at the User's own risk and User will not make any claim against FML in respect of, or hold, or seek to hold, FML responsible for, or liable for, the actions or omissions of any other Users nor for any warranties, representatives, promises or statements of FML whether express or implied;
3.7 the performance of its obligations and compliance with the Terms of FML Documents;
4 User's Obligations
Each User, in the context acknowledges and agrees to be bound by the following:
4.1 Registry and Account
4.1.1 The Host is responsible for creating accounts, registries, listings, content, descriptions, and Event details including location, times, capacity and dates in connection with the Gift List which are to be true, accurate and complete.
4.1.2 Users are responsible for maintaining the confidentiality of their Account(s) and applicable password(s) and for restricting access to this information to prevent unauthorised access to such Account(s). User agrees to accept responsibility for all activities that occur under their Account and/or password. It is advised that you take all necessary steps to ensure the keep your password confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
4.2 Alteration or Cancellation of Event
4.2.1 If the principal Event or purpose of the registry is altered, cancelled or amended in any way, the Host must promptly, within 48 hours, make the relevant changes to the registry and Gift List and notify such persons as may be necessary. Changes and amendments may include: date alterations, Event cancellation, location change, transport or accommodation change, Event suspension to a date to be advised, etc.
4.2.2 Should the Event be cancelled, the Host is solely responsible and liable to do the following acts in a prompt manner:
a). close the Gift List concerning the Event being cancelled;
b). withdraw any cash deposits and moneys held in and credited to the Host's account with respect to such Gift List; and
c). for any claims in relation to such Gift List being closed in that the Host is solely responsible to deal with any donors, contributors or other Users for the purpose of distribution or refund (if required) of the cash deposits and moneys referred under this clause or otherwise in a prompt and appropriate manner.
4.3 Account Statement
The Host and the Guest must promptly notify FML of any perceived discrepancy on the account statement that may be freely available on the Website.
4.4 Inactivity of Account
a). If the Gift List or the Account have not been operated or had no Transactions for a continuous period of twelve (12) months, then FML has the right to close such Gift List or Account without any prior notice to the User.
b). For the purpose of clause 4.4(a), the debiting of a fee, duty, tax or charge, to an account does not constitute an operation on the Account. vc). FML is not obliged to save any data, information or Materials being deleted from such Gift List or the Account on the Website and shall not be liable to anyone for loss of such data, information or Materials as a consequence of clause 4.4(a) or otherwise.
4.5 Minors
Persons under the age of eighteen (18) are not permitted to utilise the Services (or undertake any associated Transaction(s)) via the Website (or otherwise). If you are under eighteen (18) you may only use the Website in the approved manner with the involvement of a parent or guardian.
4.6 Health & Safety
By purchasing any product via our Suppliers you are acknowledging that (where applicable) you have read and understood any Health and Safety guidelines specified by the relevant Supplier (if any) with regard to any product (if at all) and FML shall have no liability nor be responsible for any loss, damage, injury or disappointment (if any) resulting from any Transaction.
5. General
5.1 Each User will not do anything which may:
a) be fraudulent or illegal; or
b). render FML liable to any other person or Authority; or
c). breach any law of obligation or duty owed to any person or render FML liable for any breach of any law or obligation to any person; or
d). cause any damage or interference to the Website; or
e). in any way interfere with the conduct of FML's business; or
f). breach its warranties set out in clause 3 hereto.
5.2 Each User will not to bring any action against FML for the purpose of bringing or maintaining any claim against FML based on any breach of any obligation, whether express or implied, on the part of any other User.
6. Suppliers and Links to other Businesses
FML provides links to the websites of affiliated companies, Suppliers and other businesses necessary for the proper performance of our Services. Whilst we choose such companies carefully and are happy to be associated with the same, we are not responsible for examining or evaluating the full range of their products and do not warrant the content of their websites and are not contractually involved in the actual Transaction between Users and Suppliers and as a result of this we have no control over, nor can we guarantee or be held liable for:
i) the quality, safety or other aspect of items advertised by Suppliers; nor
ii) the truth or accuracy of Suppliers' listings; nor
iii) the truth or accuracy of feedback or other content posted by Suppliers and/or Users on the Website, nor the ability of Supplier's to sell items or their capacity to actually complete a Transaction.
7. Rights of FML
7.1 FML:
a). reserves the right to make changes to the Website and FML Documents at any time. Users will be subject to the Terms in force at the time that you use the Website or that you utilise the Services, unless any change to such policies or conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by Users). If any provision of the FML Documents is deemed invalid, void, or for any reason unenforceable, that provisions will be deemed severable and will not affect the validity and enforceability of any remaining provision.
b). If a User breaches any of the User's Obligations in FML Documents, then FML may without reference to the User and in its absolute discretion remove any User Materials from the Website in order to rectify such breach or terminate the provision of its Services and do all such things as it considers appropriate to prevent the User gaining access to or using the Website;
c). may, at any time in its discretion:
(i) publish, (or cease to publish), reproduce, use, adapt and manipulate all Materials posted on the Website;
(ii) correct any errors, inaccuracies or obvious omissions in the Materials on the Website without prior notice to the Users;
(iii) shut the Website down or suspend access to the Website without prior notice for the purpose of repairs, improvements, maintenance or the introduction of new facilities or services.(Whilst we will try to ensure continuous availability of the Website, due to the nature of the Internet, Users agree and accept that this cannot be guaranteed). FML (including its parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to an User in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of a User's inability to use the Website and/or Services; and
(iv) terminate the use of the Website on not less than 7 days' notice
(v) may disclose your identity, contact details and "personal information" according to FML Documents including the FML Privacy Policy
7.2 Each User acknowledges and agrees to FML's rights referred to in clause 7.1 and each User will not have any claim against FML even if FML exercises its rights thereunder.
7.3 FML will not be held responsible for any delay or failure to comply with our obligations provided for herein, if the delay or failure arises from any cause which is beyond our reasonable control. This clause 7.3 does not affect your statutory rights.
8. Disclaimer of Warranty and Liability
8.1 FML makes no representations or warranties as to the quality, fitness, reliability of the Services available and contents (goods and services) available on the Website and is not liable for:
8.1.1 any representation or statement made by any User in relation to the identity of any User, goods or services offered by any Supplier or User and without limitation is not liable for User Materials posted on the Website by the Users;
8.1.2 any matters outside of its control;
8.1.3 for any breach by a User of the Terms or for the actions of Users whether such actions mean a User accessing or downloading any User Materials posted on the Website by any other User;
8.1.4 for any actions or omissions of the User in accessing, or in respect of, this Website and utilising the Services.
8.2 Use of the Website and the internet are solely at the User's own risk and neither FML or its affiliates will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, viruses, errors, any force majeure events or governmental restrictions or regulations as amended from time to time.
8.3 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between FML and any User.
8.4 Various UK and EU statutes and regulations ("Legislation") may impose warranties, terms and conditions or impose obligations on FML which cannot, or can only to a limited extent, be excluded, restricted or modified and the User agrees, to the extent permitted by law:
8.4.1 any warranties of FML (whether express or implied under the Legislation), are to the extent possible, excluded;
8.4.2 such conditions that exclude or limit FML's liability shall apply;
8.4.3 subject to 9.4.1 and 9.4.2 the User's Obligations shall be interpreted in accordance with and subject to the Legislation and in the event of any inconsistency between the Legislation and the User's Obligations the Legislation shall prevail; and
8.4.4 FML does not guarantee or warrant, the quality or suitability of its Services
8.5 Where FML is required under any applicable Legislation to make good on any breach of FML's warranties (if at all) FML's liability for a breach of a condition or warranty implied under the Legislation is, to the extent permissible under such Legislation, limited to (where applicable, if at all):
8.5.1 in the case of goods, any one or more of the following:
a). replacement of the goods and the supply of the equivalent goods;
b). the repair of the goods;
c). the payment of the cost of replacing the goods or of acquiring equivalent goods; and
d). the payment of the cost of having the goods repaired; and/or
8.5.2 in the case of Services (where applicable):
a). the supply of the services again; or
b). the payment of the cost of having the services supplied again
8.5.3 FML shall not be liable, in any way, where a User suffers any loss or damage as a consequence of any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond the reasonable control of FML. This does not affect your statutory rights,
8.6 In the event of any dispute between Users and/or a User and Supplier, Users agree to release FML (and its officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8.7 Without prejudice to any preceding provisions, User acknowledges that in the event of any default of any of the Terms by FML, where liability for such breach cannot be excluded User's sole remedy will be an action at law for damages and in no event will User be entitled to receive any injunctive or other equitable relief whereby the free and unrestricted exploitation or exhibition of the Website and/or the Services could be restrained, hampered or otherwise interfered with.
9. Indemnification by the User
Each User acknowledges and agrees:
a). to indemnify FML in respect of any claim of any nature brought by any person including any other User against FML arising out of any breach of the User's Obligations, or by any act or omission on each User's part or the breach of any law or obligation by the User;
b). that FML has no liability for any infringement of moral rights and agrees to indemnify FML in respect of any claim for any infringement of moral rights;
c).to indemnify FML, and keep FML indemnified, against any loss, damage, cost, charge or expense including legal fees whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the User of the User's Obligations and the User will pay on demand, by FML, to FML any sums claimed by FML pursuant to this indemnity.
10. Returns
In the event that you wish to return an item you have purchased, please refer to the terms and conditions specified by individual Suppliers which will apply to your purchase. FML will not be liable to the Account Holder, Guest or any other person or entity for a Supplier's refusal to accept the return of an item Purchased (for whatever reason). Customers in the European Union are entitled to a statutory cooling-off period of seven (7) days. For Details of this statutory right and any additional returns policy, please consult the Supplier's standard terms.
11 Customs
When ordering goods from any Supplier for delivery overseas you may be subject to import duties and taxes, levied once the goods reach the designated destination. These charges are to be borne solely by the User completing the Transaction. FML has no liability for or control over such charges and advise that Users consult Supplier's directly or contact the local customs office for information on such charges.
12. Miscellaneous
12.1 Parties agree that:
a). references to any person in these Terms shall include the legal personal representatives, executors, administrators, successors and permitted assigns of that party;
b). references to a person shall be construed as references to an individual, firm, partnership, joint venture, body corporate, association (whether incorporated or not), ministerial corporation, government and governmental, semi-governmental and local authority or agency;
c). every covenant or agreement or undertaking expressed or implied by which more persons than one covenant, promise or agree to undertake to perform an obligation in respect of these Terms shall bind such persons jointly and each of them severally;
12.2 If any part of FML Documents containing the User's Obligations is prohibited, void, voidable, illegal or unenforceable under the laws of any relevant jurisdiction then that part is severed for the purposes of that jurisdiction only but without affecting the continued operation of the rest of the User's Obligations in that jurisdiction or the operation of the FML Documents containing the User's Obligations in any other jurisdiction.
12.3 The parties to this Agreement do not intend that any Term of this Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
12.3 Any part of the FML Documents and any use of/access to/ Transaction arising out of the use of the Website is governed by, and construed in accordance with, the laws of England And Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
12.4 The Copyright in these Terms and FML Documents are held by FML. No trademarks or any other intellectual property owned, controlled or licensed by or to FML may be used by any other person or entity.
