Welcome to the zimdays.com website. The following documents are an interegral part of your use of the site as they set out the terms and conditions of use of the site.
We are legally obliged to provide you with this information, which sets out your rights and obligations when using our website. Please feel free to print out these terms and conditions by clicking here or using the print icon on your web browser.
| Terms & Conditions
for Zimdays.com website
Terms and Conditions for www.Zimdays.com Website
These are the Terms and conditions (‘the Terms’) of www.zimdays.com. Please read these Terms carefully as they contain important information about your rights and obligations: This website is operated by Treharnes Limited of Chiltern House, Station Road, Henley on Thames, Oxon., RG9 1AT, (‘we’, ‘our, ‘ours’, ‘us’).
You may contact us by email: firstname.lastname@example.org or using the contact forms contained in this website.
1. Use of Website on these Conditions
All use of the website www.zimdays.com (‘our Website’, ‘the Website’) and taking of chargeable services from us is on the terms and conditions below.
If you do not agree to these conditions cease use of the Website immediately.
You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the Website.
2. Accuracy of Information and Disclaimer
We do our best to ensure all information on the Website is accurate.
If you find any inaccurate information on the Website let us know and we will correct it, where we agree, as soon as practicable.
You should ensure information you send to us is accurate and does not breach anyone else’s rights such as copyright or is libelous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or in is in any way illegal. Remember that the Website can be viewed around the world and the information you send to us will be published on the Website.
You should independently verify any information before relying upon it.
We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. This Website gives a large amount of statistical data and there will inevitably be errors in it.
Although we hope this Website will be of interest to users, we accept no liability and offer no warranties in relation to it and its content; to the fullest extent such liability can be excluded by law.
Any views expressed in messages on the Website are not necessarily those of us or Treharnes Limited or anyone connected with it or us.
3. Copyright and Postings on the Site
You must make sure you own all the intellectual property rights, including copyright and database right, in any Postings/message which you send to us to publish on the Website (‘Postings’). If in doubt provide a link, not a copy. Make sure there is no legal obligation, contract or other restriction which would prevent your making the Postings.
Anonymous Postings are not accepted.
You should retain copies of all Postings and other postings and information you send to us electronically, through the Website or otherwise.
You waive your moral rights to be identified as author of the Posting and allow us to modify the Posting. It may, for example, be necessary to shorten Postings or cut them to fit the Website.
If there are any restrictions as to the use to which we can put the Postings we must be told in advance and we may have to reject it. We reserve the right to reject any Postings at our discretion.
All Postings received will be assumed to be for publication on the Website and any further use, at our discretion, and on an exclusive, royalty free, perpetual basis.
The Website contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Website are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms. See the Copyright notice on our Website.
You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. Zimdays™ and Treharnes™ and our logos on this site are trade names of Treharnes Limited. You may not use those names without our consent.
We provide hypertext links to other websites are operated by other people. Using such a link means you are leaving our Website and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.
4. Our Liability
The information provided on this website is provided on the basis of no liability. Where we provide a chargeable service to you we accept liability for direct loss arising from our not having used reasonable skill and care in the provision of such services up to the price you have paid to us in any year, in the year of claim.
In no event shall we be liable to you for, in the case of non-chargeable services any direct, and for both chargeable and non-chargeable services any indirect or consequential loss, loss of profit, revenue or good will arising from your use of the Website or information on the Website. Subject as provided below, all terms implied by law are excluded.
We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
In certain circumstances we act as a distributor of content and other circumstances as a publisher of content supplied by third parties and users of the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us.
We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any decisions. You should take your own advice.
If you make an arrangement with anyone named or connection with the Website this is at your sole risk.
5. Barring from the Site
We reserve the right to bar users from the Website, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Website under any other name or through any other user.
6. Chargeable Services
When you agree that you wish to take out a chargeable service with us, you enter into a contract with us to take such services.
All chargeable services are clearly marked as chargeable on the Website and the price is shown. You are requested to provide your card details and such other details that may be reasonably required by us as payment, in advance in order to subscribe to the chargeable services.
You may only use your own card and not someone else’s. You are however permitted to make purchases for others for example a ‘gift membership’.
You must be 18 years (or older if the age of majority is older in your country). We reserve the right to reject any request to subscribe at our discretion without giving any reason to you.
Our liability for our services ordered by you is set out in paragraph 4 and otherwise in these Terms.
You may terminate a chargeable service on one (1) month’s written notice at any time.
Where you purchase goods or services having been directed from the Website through a link to a third party, any contract you may choose to form with them, or use of their website is a matter between you and them. We do not accept any liability for the quality or type of services or goods provided by those whom we mention on our Website or to whom we have linked our Website. It is for you to make your own judgment about the quality of such providers. We exclude all liability both under contract and under the law of tort including without limitation liability for misrepresentation to the fullest extent permitted by law in this respect.
7. Legal Jurisdiction and Dispute Resolution
English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
We make no warranty or guarantee that the Website or information available over it complies with laws other than those of England.
Any formal legal notices should be sent to us at the address at the end of these Terms by e-mail confirmed by post.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under this agreement.
9. Further Information
Further information on these conditions or any queries on them can be obtained from: The Legal Officer, Zimdays.com, Chiltern House, Station Road, Henley on Thames, Oxon., RG9 1AT, United Kingdom
Version 2 June 2005 © Lawdit Solicitors 2004
| Terms &
conditions for membership
Terms and Conditions for membership to www.zimdays.com
1.1 Please read these terms and conditions carefully before attempting to subscribe to the online materials and information available on the www.zimdays.com website (the ‘Online Service’) operated by Treharnes Limited, Chiltern House, Station Road, Henley on Thames, Oxon., RG9 1AT; and e-mail email@example.com (the ‘Company’, ‘zimdays’, ‘our’, ‘we’ or ‘us’) . In particular, we draw your attention to clauses 9 (Applicability of Online Materials) and 13 (Liability).
1.2 By clicking on the ‘I Accept’ button at the bottom of these terms and conditions and subscribing to the Online Service you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not subscribe to the Online Service.
2. Nature of our website
2.1 Please note that the Online Service is available only to individuals that can form legally binding contracts under applicable law. Although the contents of our website are aimed at users aged 18 and above, you must be over 18 years to subscribe to the Online Service, using the payment method displayed on our website. If you do not qualify, click here to please leave our website now.
2.2 Whether your subscription payment is accepted or you are just visiting the website, you acknowledge that we are in no way responsible for the behaviour of other users and participants whether or not they have subscribed to the Online Service. We only provide a location from which the Online Service may be accessed. You acknowledge that the website does not screen, monitor or scrutinise materials.
3. Conditions of access to the online service
3.1 If your subscription payment is accepted under clause 4, the Company grants you a non-exclusive, non-transferable licence to use the Online Service for a minimum period of 1 year or such other period as notified to you when you subscribe, and for yearly periods afterwards, on the payment of an [annual] renewal fee. This licence to use the Online Service is granted on the terms and conditions set out here and any additional conditions applicable to a particular element of the Online Service materials, as set out here (‘Additional Conditions’).
3.2 If any part of the Additional Conditions is inconsistent with any provision of these terms, the Additional Conditions will prevail, but only to the extent of the inconsistency.
3.3 In relation to the Online Service:
(a) you may not:
(i) download, store, reproduce, transmit, display, copy, distribute or use the materials other than in accordance with sub-clause 3.3(a) above;
(ii) sub-license, rent, lease, transfer or attempt to assign the rights in the materials to any other person;
(iii) make the materials available on a network;
(iv) use the materials in any manner, or transfer or export the materials or any copies into any country, other than in compliance with applicable laws; or
(v) allow any other person to use the materials other than in accordance with the terms and conditions set out here. 3.4 Unless otherwise specified in any ‘additional conditions’, the materials are presented solely for your private, personal and non-commercial use, and may not be re-sold or commercialised in any way.
3.5 We reserve the right:
(a) to suspend or terminate any access to the Online Service, or parts of it, and/or
(b) to edit, or require you to edit, material posted on the Online Service, if the relevant material appears to us to be in breach of any provision of these terms or the Online conduct Policy or any other agreement displayed on our website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Online Service without our prior written consent. You are responsible for everything which is done on or through the Online Service while your subscription account is current and in use whether through accessing the Online Service, or through your e-mail address(es).
3.6 The Company may terminate or suspend your use of the Online Service at any time if you are found in breach of any of these terms or the Additional Conditions. If you are notified of termination of your rights of use, you must immediately destroy all of your copies of the materials. In these circumstances you will not be entitled to any refund.
4.1 To access the Online Service you will need to follow the subscription procedures set out here when you join zimdays or upgrade from registered membership.
4.2 Details of our prices for subscription to the Online Service, and the procedures for payment are displayed on our website. You must pay by the appropriate credit or debit card via the WorldPay service at the time of your subscription request, and the payment will cover the term of your membership allowing access to the Online Service. The price of any subscription is the price in force at the date and time of your order. We may change the price of any subscription before you place a subscription request. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see sub-clause 4.3 below). We will inform you if a subscription’s correct price is higher than that stated in your subscription request and you may cancel the order and decide whether or not to subscribe to the Online Service at the correct price. The prices are inclusive of applicable taxes.
4.3 The Company is entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on registration or on ordering. The Online Service will be made available to you via e-mail on Confirmation. [Making the Online Service available to you on Confirmation constitutes performance of our services and save as set out in clause 5, you will have no right to cancel the contract once [we] have done so.]
4.4 You undertake that all details you provide to us for the purpose of subscribing to the Online Service will be correct, that the credit, debit card, cheque or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit or debit card details, including verification of the authenticity and ownership of the same before providing you with any goods or services.
5. Warranties and returns
5.1 We warrant that:
(a) we have a right to license any material that we own to you; and
(b) we will provide the Online Service with reasonable skill and care. IT IS IMPORTANT THAT YOU NOTE THAT WE DO NOT OWN ALL THE INFORMATION THAT IS DIPLAYED ON OUR WEBSITE AND AS SET OUT IN CLAUSE 9.1 BELOW, WE CANNOT GRANT YOU ANY ADDITIONAL RIGHTS, OTHER THAN THOSE GIVEN IN THESE TERMS.
5.2 If the materials made available to you via the Online Service are not as described in any marketing material that we have sent to you or as displayed on our website on notification by you in writing or by e-mail to us, we may, at our option, cancel your subscription and provide you with a refund.
5.3 If you wish to cancel your subscription to any part of the Online Service within 7 working days of Confirmation for any reason (including if you simply change your mind), you may do so if you send us a notice in writing or other durable medium (including e-mail), but only if you have not yet been granted access by us to any materials via the Online Service. If you exercise your right to cancel as set out in this clause 5.3, you may claim a refund from us, which will be paid as soon as possible, but in any event within 30 days.
5.4 If you have any complaints, you should direct them to us via e-mail at [firstname.lastname@example.org] or by post at Zimdays.com of Chiltern House, Station Road, Henley-on-Thames, Oxon RG9 2EA
6. Modifications to the online service
6.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Online Service is accurate, the Online Service may contain typographical errors or other inaccuracies.
7. Information you provide
7.1 The following applies to any information you provide to us, for example, during any registration or subscription process:
You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties [(together our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail us at email@example.com
7.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at firstname.lastname@example.org.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the Online Service. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
9. Applicability of online materials
9.1 Our website is controlled and operated by us from our offices in the UK, Zimbabwe and India. Where materials published in the Online Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those materials (on or off-line) and the use of those materials. You assume total responsibility and risk for your use of the materials and the Online Service.
9.2 We have used our reasonable endeavours to ensure that all materials comply with UK laws. However, we make no representations that the materials and the Online Service are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
9.3 We make no warranties, express or implied that making the materials and the Online Service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Online Service, the materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Online Service or the relevant materials are not offered for subscription by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe to the Online Service. The Company accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Online Service by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9.4 We make no warranties, express or implied that we have control over or responsibility for the truth or accuracy of any material made available on the Online Service, whether provided by subscription members or others. Users and members of the Zimdays.com Website agree that they will not use any part of the Zimdays Website to Include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Zimdays Website. Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made
10. Copyright and monitoring
10.1 The contents of the Online Service are protected by international copyright laws and other intellectual property rights. These rights are owned by us, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Online Service are the trade marks, service marks or trading names of their respective owners, including us.
11. Linked websites
11.1 We make no representations whatsoever about any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
12. Availability of the online service
12.1 We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
13.1 Except as set out in sub-clause 5.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the materials, the Online Service, our website or any information or service provided through our website not contained in these terms and conditions or the Additional Conditions. We will do our best to ensure that all materials and information and content in the Online Service are accurate, but please note that all materials and content and information contained in the Online Service are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of materials and content and information contained in the Online Service.
13.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Online Service or the materials, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
13.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Online Service in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
13.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
13.5 The limitations and exclusions in this condition do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
14.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Online Service will be governed by that version.
14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
14.6 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
15.1 All notices shall be given:
to us via e-mail at email@example.com or by post at Zimdays.com of Chiltern House, Station Road, Henley-on-Thames, Oxon RG9 IAT;
to you at either the e-mail or postal address you provide during any ordering process.
15.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service.
Please click ‘I Accept’ to confirm your acceptance of these terms and conditions [I accept]
| Terms & Online
Online Conduct Policy for www.Zimdays.com
Version 1 January 2004
Treharnes ltd (‘we’, ‘our’, ‘us’) encourage users of the www.zimdays.com website (the ‘Website‘) to use our Webhosting Service, as long as they do so in a responsible fashion and show respect for others.
To ensure you and we are protected, we have developed a standard of conduct that is strictly enforced. This standard should be read in conjunction with our Website Terms and Conditions where users utilise such service, which contain important information about our liability and copyright matters. We reserve the right to identify you in response to a court order or threat of legal action. You agree in our Website Terms and Conditions to permit us to remove any such material.
Due to the real-time nature of the Internet, it is impossible for us to continually monitor, assess and review all content therein. Therefore we cannot accept any responsibility for material posted, nor guarantee the accuracy or validity of any statement or material used. All messages posted are the express views of the author and not us.
1. No profanity or obscenities of any kind, even disguised with asterisks or other symbols.
2. No personal attacks on other participants.
3. The following types of remarks or comments are not permitted:
- Defamatory, abusive or insulting;
- Racist or morally offending;
- Obscene, indecent or lewd;
- Considered inappropriate behavior such as ‘Internet Grooming’;
- Violent, threatening or harassing;
- Any other material that may disrupt or vandalise the service.
4. Do not stray from the discussion topic.
5. No impersonation of other participants or public figures. A user may choose an appropriate nickname as long as a real name is used in the personal information field (which is not publicly visible).
6. No advertising or marketing of any kind, including non-profit organisations.
7. No third party copyright material should be posted. Use links instead of quotes from sources rather than copying the material.
9. Users are to refrain from collecting or storing any personal data or other information about other users.
10. There is a strict prohibition on any posting or transmission of any file or program that causes damage, contamination or other consequence that adversely affects another’s operating system. Such transmissions or postings include, but are not limited to viruses, corrupted files or other electronic carriers such as ‘Trojan Horses’.
11. There is to be no spamming on the Website. Do not duplicate the same comment to more than one forum.
12. Users shall not post or transmit that which you do not have a right to post or transmit under law or agreement. This may include, but is not limited to copyright or other intellectual property right, trade secret, confidentiality agreement or contract.
This is not an exhaustive list and users are asked to use their common sense and courtesy when addressing others and commenting generally. Whilst these rules refer to comments the user is to have regard to any other type of material that can be transmitted and posted that may or is likely to cause:
- Violation of any laws;
- Civil liability;
- Criminal offence or acts.
In the event that you do experience any material that is offensive to you or other users, or in breach of any of these rules, please report the matter to the Legal Officer. Refrain from retaliation. Retaliation will further complicate and aggravate the situation.
The user is to have regard to the spirit of the Website and for the purposes it is intended.
We reserve the right to change and amend these rules from time to time and without warning. All users are advised to regularly check the rules to ensure continued proper use of the Website. Continued use amounts to acceptance of the rules.
Violations and Further Information
To report violations of these rules and to obtain further information on these Rules or any queries on them contact: The Legal Officer, Zimdays Limited, Chiltern House, Station Road Henley on Thames, Oxfordshire RG9 1AT
E-mail firstname.lastname@example.org .
Version 2, June 2005 © Lawdit Solicitors 2004