terms & conditions

User terms of service

General Terms & Conditions
1. These user terms of service ("Terms") govern your relationship with New2thecity.com Limited ("Company", "we" or "us") and your use of the www.new2thecity.com website operated by the Company (the "Site"). Please read them carefully as they affect your rights and liabilities under the law. By accessing the Site and/or registering as a user of the Site you agree to be bound by these Terms. If you do not agree to these Terms you must not access the Site or register as a user of the Site.
2. We may update these Terms from time to time. Any changes will be notified to you via the e-mail address provided by you on registration or via an announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the updated Terms you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the updated Terms.
3. References to these Terms include the following policies of the Company which shall be deemed to be incorporated into these terms as if set out in full:-
4. Privacy Policy
5. Terms of Sale (Events and Vouchers)
6. Terms of Sale for advertisers / sponsors
7. Linking policy
8. In the event of any conflict between the provisions of any of the above policies and the Terms the Terms shall prevail in all respects.
Nature of the site
1. The Site operates as a social networking and discussion forum for "Faces" (registered individual users) and "Places" (registered businesses or organisations). Places may also use the Site to promote events organised by them ("Events") or offer promotional vouchers in respect of services provided by them ("Vouchers") subject to our Terms of Sale for Events and Vouchers.
Registration and Use of the Site
1. You may only access the Site or register as a user of the Site if you are 16 or over.
2. You may not access the Site from any territory where such access is prohibited.
3. By accessing the Site or registering as a user of the Site you represent and warrant to us that you are 16 or over and are not accessing the Site in breach of clause.
4. When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. You are responsible for all actions taken on the Site using your login details and password. If you know or suspect that someone else knows your password you should notify us by contacting info@new2thecity.com / using the "Report this item" button immediately.
5. If we believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
6. In consideration of our acceptance of your registration you agree to ensure that the details provided by you on registration or at any time are correct and complete and inform us immediately of any changes to the information that you provide on registration so that we can communicate with you effectively.
7. We reserve the right to change any user name, or remove the registration of any user name, where we believe that that user name is in breach of clause of these Terms.
8. Any personal data which you provide to us as part of your registration or otherwise will be held and processed in accordance with our privacy policy.
9. You will be signed up to receive our monthly newletter, you can unsubscribe from this at any time
Registration as a Place � additional provisions
1. To register on the Site as a Place you must be a sole trader, partnership, company or other organisation or entity carrying on a business or otherwise providing a service of use or interest to Faces.
2. If you are registering with the Site as a Place and you are a partnership, limited liability partnership, limited company or other organisation you hereby warrant and represent to us that you are duly authorised to bind that entity to these terms.
Events and Vouchers
1. The promotion of Events and the offer of Vouchers by Places is governed by, and permitted only subject to, our Terms of Sale.
2. We will not be responsible for the failure of a Place to honour or accept any Voucher offered on the Site for any reason. In the event of any problems or difficulties with Vouchers you should contact the relevant Place directly.
3. We do not review the Events promoted or Vouchers offered by Places and are unable to confirm the accuracy of the description of any Event or Voucher or the existence or legality of the Event or services offered. Any contract arising as a result of the promotion of an Event or the use of a Voucher will be made directly between you and the relevant Place.
4. If you believe that any Event or Voucher on the Site contravenes clause please [use the "Report this item" button or contact [support email link] to report the matter to us and we will deal with it in accordance with clause .
5. Places are solely responsible for ensuring compliance with Health and Safety and other regulatory and legal requirements in respect of Events promoted on the Site.
Liability of users of the Site
1. You agree that you will pursue any claim that you may have against a user of the Site (whether as a result of their use of the Site or any matter arising from the promotion by them of Events or the offer by them of Vouchers on the Site) against that user directly and without recourse to us. You hereby release us from any claims, losses, damages, liabilities or expenses relating to any such claim and indemnify us against any such claims, losses, damages, liabilities or expenses which we may suffer.
New2theCity.com content
1. The content of the Site including without limitation all data, text, graphics, layout and code other than any User Content (as defined below) created by you ("N2TC Content") is protected by copyright, trade marks, database rights and other intellectual property rights. In consideration for your agreement to be bound by these Terms you are hereby granted a non-exclusive, worldwide, royalty free, revocable licence, for the purpose of allowing you to use the Site only, to retrieve and display the N2TC Content on a computer screen or mobile telephone or other mobile communications device, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of the N2TC Content for your own reasonable personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes the N2TC Content without written permission from us.
2. The use of any web scraping, data mining or data harvesting software or technique in relation to the Site or the N2TC Content or the use of any robot, automated script or program to interact with the Site is strictly forbidden.
User Content
1. You understand and agree that all data, text, music, sound, photographs, graphics, video, messages, Vouchers, Event promotions and other materials posted by you or other Faces or Places ("User Content") whether sent publically or by private message are the sole responsibility of the Face or Place posting such User Content. They and not the Company are entirely responsible for all such User Content and we do not review or moderate any such User Content.
2. You hereby irrevocably grant to us a non-exclusive, world-wide, perpetual, royalty free licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) any User Content you upload, post or e-mail to the Site and any information which you provide to us in connection with your use of the Site (other than personal data, which is covered by the terms of our privacy policy) for any purpose whatsoever and/or to incorporate such User Content in any form, media or technology now known or developed. This licence includes, without limitation, any copyright, trademark, database or other rights which you may have in such User Content or other information.
3. Under no circumstances will we be liable in any way for any User Content including (without limitation) any errors or omissions in any User Content or for any loss or damage incurred as result of your use of any User Content.
Use of the Site
1. You may not use the Site for any of the following purposes:
2. registering as, or impersonating, (i) any Face other than yourself or (ii) any Place which you are not authorised to represent;
3. Promoting any Event or offering any Voucher in breach of ;
4. for the dissemination of spam or unsolicited commercial communications or for soliciting or harvesting email addresses or other details for the purpose of disseminating such communications;
5. posting links to any goods or services which are offered for sale or supply on sites other than the Site;
6. advertising goods and services (other than in accordance with our Terms and Conditions for Advertisers);
7. any activity which could prejudice the efficient operation of the Site (including as a result of a computer virus or other malicious software designed to disrupt the normal operation of computer software or hardware) or which might cause Internet Service Providers or other providers of services to us in respect of the Site to cease or restrict the provision of such services;
8. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
9. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice or infringes the intellectual property of any person;
10. interfering with any other person’s use or enjoyment of the Site;
11. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
12. carrying on or being involved in any fraudulent or other illegal activity;
13. any activity which we believe, in our absolute discretion, is likely to damage our reputation or the reputation of the Site, any advertiser, funder, partner or affiliate.
14. If you believe that the use of the Site by a Face or Place is, or may be, a breach of this clause you should use the "Report this item" button or contact info@new2thecity.com immediately and we will deal with it in accordance with clause .
15. You hereby agree that you will be responsible for, and will indemnify us on demand against, all our losses and costs arising directly or indirectly from your breach of this clause .
Resolution of disputes and problems and removal of User Content
1. If we are made aware of any User Content which we believe breaches these Terms, including without limitation clause , we will remove or delete such User Content from the Site and take such other action as we see fit including the suspension or termination of the registration of a Face or Place pursuant to clause .
2. We may, but shall not be obliged to, review any User Content removed or deleted from the Site under clause . If as a result of such review we determine, in our absolute discretion, that the User Content does not breach these Terms we may, if we believe it is appropriate to do so, restore such User Content to the Site.
3. Notwithstanding the provisions of these terms we reserve the right to remove or delete any User Content from the Site for any reason whatsoever without prior notice.
Our right to suspend or cancel your registration
1. We may suspend or cancel your registration immediately at our absolute discretion or if you breach any of your obligations under these Terms (including, without limitation, any breach of clause .
2. You can cancel your registration at any time by informing us in writing or by e-mail to info@new2thecity.com. If you do so, you must immediately stop using the Site.
3. The licence granted to us pursuant to clause shall continue in force notwithstanding the suspension or cancellation of your registration but only to the extent reasonably necessary to enable us to continue to provide the Site and related services to other users of the Site. You agree that we may retain any archived copies of your User Content and shall be under no obligation to delete these upon termination of your registration.
4. The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.
Availability of the Site
1. Although we aim to offer you the best service possible, we make no promise that the services provided by the Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs with the Site you should report it to [support email address] and we will attempt to correct the fault as soon as we reasonably can.
2. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
The Company’s liability
1. We are providing the Site on an ‘as is’ basis and make no representations or warranties of any kind with respect to the Site or its contents.
2. The Site may provide or link to content from other Internet sites or resources and while we try to ensure that material included on the Site (other than User Content) is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site (other than User Content) we will attempt to correct the inaccuracies as soon as we reasonably can.
3. If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
4. This clause shall not limit or affect our liability if something we do negligently causes death or personal injury.
5. Notwithstanding the previous provisions of this clause our liability to you or to any other party is limited to the greater of (i) the total payments received by us from you in respect of the promotion of Events or the offer of Vouchers by you (if applicable) in the 12 months prior to the date on which the cause of action giving rise to the liability arose and (ii) £100.
Advertising and sponsorship
1. Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
2. Advertising and sponsorship on the Site is only permitted pursuant to our Terms and Conditions for Advertisers.
Applicable law
1. These Terms are subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
International use
1. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
2. You are not permitted to use the Site to promote any Event or offer any Voucher in a territory outside the United Kingdom the promotion or offer of which would be illegal or unlawful or otherwise restricted in the territory. You hereby agree to indemnify us against any loss or damage we may suffer as a result of such promotion or offer.
Miscellaneous
1. A party who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. However, this shall not affect any right or remedy existing or available other than pursuant to that Act.
2. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
3. The following clauses of these Terms survive any termination of our contract with you: Licence in respect of User Content, Indemnity Continuation of Licence and The Company’s Liability.
4. If you breach these Terms and we choose to ignore this or take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
5. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
6. The Site is owned and operated by New2thecity.com Limited a company incorporated in England and Wales with registered number 06334663 whose registered office is at Mathews Sutton & Co., 52 Penny Lane, Mossley Hill, Liverpool L18 1DG.
7. If you have any queries please contact info@new2thecity.com

Terms of Sale – Events and Vouchers

General Information
1. These terms of sale ("Terms of Sale") set out the terms and conditions on which New2thecity.com Limited (the "Company", "we" or "us") will permit registered Places (as defined in our User Terms of Service - hyperlink) to purchase promotional listings for events organised by them ("Events") and discount vouchers for services supplied by them ("Vouchers") in each case to be displayed the www.new2thecity.com website operated by the Company (the "Site"). Please read them carefully as they affect your rights and liabilities under the law. By placing an order for the purchase of Events or Vouchers you agree to be bound by these Terms of Sale and that these Terms of Sale will govern the contract for the provision of those Events and/or Vouchers. If you do not agree to these Terms of Sale then please do not place an order for Events and/or Vouchers.
2. We may update these Terms of Sale from time to time. Any changes will be notified to you via the e-mail address provided by you on registration or via an announcement on the Site. The changes will apply to orders for Events or Vouchers placed after we have given notice. If you do not wish to accept the updated Terms of Sale you should not place an order for Events and/or Vouchers. If you place an order for Events and/or Vouchers after the date on which the change comes into effect, your placing of such order indicates your agreement to be bound by the updated Terms of Sale.
3. References to these Terms of Sale include the User Terms of Service of the Company which shall be deemed to be incorporated into these terms as if set out in full.
Qualifying to order Events and/or Vouchers
1. Events and Vouchers may be ordered only by registered Places (as defined in the User Terms of Service).
2. If you place an order for Events or Vouchers on behalf of a partnership, limited liability partnership, limited company or other business entity you hereby warrant and represent to us that you are duly authorised to represent that business entity and bind that business entity to these Terms of Sale.
3. You must not use the Site to promote Events or offer Vouchers which are included in clause (List of Prohibited Goods and Services) or which relate to goods or services which are otherwise illegal or unfit for their intended or stated purpose or the sale or disposal of which would infringe the rights of any person.
4. You are not permitted to use the Site to promote any Event or offer any Voucher in a territory outside the United Kingdom the promotion or offer of which would be illegal or unlawful or otherwise restricted in that territory. You hereby agree to indemnify the Company against any loss or damage it may suffer as a result of such promotion or offer.
Payment for Events or Vouchers
1. The pricing for the provision of Events and Vouchers will be as set out on the Site at the time that the relevant order is placed. We reserve the right to alter such pricing at any time by giving notice on the Site.
2. Payment for Events or Vouchers must be made in advance in full at the time of placing an order for the relevant Event or Voucher on the Site.
3. Payment must be made by one of the authorised payment methods listed on the Site.
4. Your confirmation via the Site that you wish to promote an Event or offer a Voucher constitutes an offer by you to purchase the promotion of the Event or offer of the Voucher on the Site from us on the terms, and subject to the conditions, of these Terms of Sale. Such offer will only be accepted by our confirmation via the Site or by email or (if sooner) by our beginning to promote the Event or offer the Voucher on the Site.
5. Your confirmation via the Site that you wish to promote an Event or offer a Voucher constitutes your acknowledgement that we will commence the provision of our services to you in respect of such Event or Voucher upon such confirmation. You acknowledge and agree that the provision of our services begins at that time and that accordingly you shall not have the right to cancel the provision of such services pursuant to the Consumer Protection (Distance Selling) Regulations 2000 once such confirmation has been given.
Events and Vouchers
1. You are solely responsible for ensuring compliance with Health and Safety and other regulatory and legal requirements in respect of Events promoted on the Site by you, and services to which Vouchers promoted on the Site by you relate, and you hereby agree to indemnify us from any loss, claim or liability which we may suffer as a result of your failure to ensure such compliance.
2. By offering a Voucher on the Site you agree that you will honour such Voucher (in accordance with its terms). We will have no responsibility for the failure by you to honour or accept any Voucher offered on the Site for any reason and you hereby agree to indemnify us from any loss, claim or liability which we may suffer as a result of your failure to honour any Voucher.
3. You agree and acknowledge that the declaration to Her Majesty’s Revenue & Customs (or other relevant tax authority) of any income arising from the promotion of Events or offer of Voucher on the Site by you is your sole responsibility.
Intellectual property (Vouchers and Events)
1. By placing an order for an Event or Voucher you warrant and represent that you are the owner of any intellectual property or other rights comprised in any text, images and other content posted to the Site in connection with any Event or Voucher and that such content does not breach the rights of any third party in any jurisdiction. You hereby agree to indemnify us from and against any loss, claim or liability which we may suffer as a result of your failure to comply with this clause.
2. Any text, images or other content provided by you to us in connection with the Events or Vouchers to be placed on the Site will constitute User Content (as defined in the User Terms of Service) and will be governed by the provisions in such terms relating to User Content.
List of prohibited goods and services
1. You may not use the Site to promote Events or offer Vouchers relating to goods or services which:
2. consist of or involve any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breach any laws;
3. encourage conduct that constitutes a criminal offence, or otherwise breache any applicable laws, regulations or code of practice or infringe the intellectual property of any person;
4. interfere with any other person's use or enjoyment of the Site;
5. involve the making, transmitting or storing of electronic copies of materials protected by copyright without the permission of the owner;
6. involve carrying on or being involved in any fraudulent or other illegal activity;
7. we believe, in our absolute discretion, are likely to damage our reputation or the reputation of the Site, any advertiser, funder, partner or affiliate.
8. You will be responsible for and will indemnify us on demand from and against all our losses and costs arising directly or indirectly from your breach of this clause .
Resolution of disputes and problems and removal of Events / Vouchers
1. In the event of disputes, concerns or problems being notified to us in relation to Events or Vouchers by users of the Site we will deal with such notification in accordance with [User Terms of Service � Hyperlink]. This may involve removing, suspending or deleting the relevant Events and Vouchers from the Site in accordance with clause 10 of those User Terms of Service.
2. You hereby acknowledge and agree that if we remove, suspend or delete an Event or Voucher from the Site in accordance with the User Terms of Service we shall have no liability to provide any refund or credit in respect of such removal, suspension or deletion. This clause does not affect your statutory rights.
Listing of Events / Vouchers and availability of the Site
1. We shall use our reasonable endeavours to promote Events and Vouchers on the Site; however, we shall not be liable for any failure or interruption in the service offered by the Site and shall have no liability to provide any refund or credit in respect of such failure or interruption. This clause does not affect your statutory rights.
2. Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it to info@new2tehcity.com and we will attempt to correct the fault as soon as we reasonably can.
3. The accuracy of any Event or Voucher promoted on the Site will be your sole responsibility. You should check that all information and details provided are correct.
The Company’s liability
1. We are providing the Site on an ‘as is’ basis and make no representations or warranties of any kind with respect to the Site or its contents.
2. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
3. any breach of the contract between us constituted by these Terms of Sale;
4. any failure by us to promote any Event or Voucher in accordance with these Terms of Sale; and
5. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the contract between us constituted by these Terms of Sale.
6. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
7. Nothing in these Terms of Sale limits or excludes our liability:
8. for death or personal injury resulting from negligence; or
9. for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
10. Subject to clause :-
11. we shall not be liable for loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of contract or opportunity, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
12. our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the contract between us constituted by these Terms of Sale shall be limited to the price paid by you for the promotion of any Event or Voucher on the Site.
Applicable law
1. These Terms of Sale will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
Miscellaneous
1. A party who is not a party to these Terms of Sale shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Sale. However, this shall not affect any right or remedy existing or available other than pursuant to that Act.
2. You may not transfer any of your rights under these Terms of Sale to any other person. We may transfer our rights under these Terms of Sale to another business where we reasonably believe your rights will not be affected.
3. The Site is owned and operated by New2thecity.com Limited a company incorporated in England and Wales with registered number 06334663 whose registered office is at Mathews Sutton & Co., 52 Penny Lane, Mossley Hill, Liverpool L18 1DG.
4. If you have any queries please contact the company secretary at the above address or info@new2thecity.com