2good2tip Terms and Conditions

Welcome

Welcome to our website www.2good2tip.co.uk / www.2good2tip.com (‘2good2tip’). We really hope you enjoy using our site. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy – privacy@2good2tip.com, govern 2good2tip’s relationship with you in relation to this website. Please read these terms carefully before you start to use the site. If you do not agree to these terms of use, please refrain from using our site.

Our details

The term 2good2tip or DG&C Ltd or ‘us’ or ‘we’ refers to the owner of the website being DG&C Limited, registered address: Tallford House, 38 Walliscote Road, Weston-super-Mare BS23 1LP. We are registered in England and Wales and our company number is 6589519.

The term ‘you’ refers to the user or browser of our website.

This policy is effective 1st May 2009.

The use of this website is subject to the following terms of use which are created to ensure that 2good2tip works for everyone and helps to make 2good2tip a fun and enjoyable experience for everyone.

You must be over the age of 18 to use this site whether as a registered stallholder or as a purchaser. If you are under 18, please ask an appropriate adult for help.

Registration and your stall levels

The current stall levels can be viewed by clicking www.2good2tip.com/public/how-it-works. The stall levels may change from time to time and we will notify you of such changes by posting them on the site.

Once you have registered, the initial stall level payment falls due immediately. When subsequent stall level payments fall due you will be notified and are liable to pay these to continue the service.

Refund policy

We cannot refund any membership subscriptions, so please have a good look around the site before you register for a stall. Refunds may occasionally be offered at the discretion of the management. Where a stallholder’s payments are overdue, we reserve the right to suspend your use of your stall until payment is made.

You agree that the information that you provide is accurate, up-to-date and complete. If you use the website you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority. You must also change your password immediately.

Access to our site (and therefore your stall) is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.

Acceptable use of 2good2tip

As a condition of your use of 2good2tip you agree that you will not post or transmit any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of privacy or which may cause annoyance or inconvenience; or
• for which you have not obtained all necessary licences and/or approvals; or
• which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, trojans, worms, harmful components, corrupted data or other malicious software or harmful data)

You warrant that any such post or transmission does comply with those standards, and you indemnify us for any breach of that warranty. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these standards.

Notwithstanding that we make your acceptable use a condition of use; we do not police the stalls.

As a further condition of your use 2good2tip you agree that you will not use 2good2tip to send chain letters, junk mail, spam, solicitations (commercial or non-commercial), bulk communications of any kind or for harvesting data. If a stallholder puts an email or web address onto the stall you may not use it for any other purpose than that which the stallholder intended.

You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website.

You may not use any software tool for the purpose of extracting data from our website.

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Except where stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise without our prior written permission.

Permission is granted to access, download, or print such material for your personal, non-commercial use only and is subject to these terms and conditions.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve all other rights.

Other than personally identifiable information, which is covered under our Privacy Policy, any material you post to your stall shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We have the right to use, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in there for any and all commercial or non-commercial purposes. We also have the right to disclose to third parties any such material for any purpose. Further, we have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We shall also be entitled to disclose your personally identifiable information if required or requested by the courts or other law enforcement authorities and/or agencies.

Our site changes regularly

We aim to update and improve our site regularly, and may change the content at any time without notice to you. If the need arises, we may suspend access to our site. We will do our best to maintain the 2good2tip website so that you have constant use, but there may be times when your use may be interrupted due to unforeseen circumstances. Interruption to the services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.

Any of the material on our site may be out-of-date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

The communities

We do not have a connection with, and do not endorse, the activities of the 2good2tip communities, whether they are defined by geography, club, group or workplace. We have no control over the activities of the communities, and accept no responsibility or liability for them and/or their actions, and have no relationship or similarity or have any connection what so ever with physical geographical areas, groups, companies or any other community groups created on the site by its stallholders.

Your material

If you post any material in our website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

You agree that if you do post any material on our website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that material in any way whatever, throughout the world in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your material.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

You represent and warrant that:

• you own the rights to all of the material that you post;
• any fact stated in your material is accurate.

Indemnities

You agree to indemnify and hold us (including our directors, sponsors, representatives, employees and contractors) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of 2good2tip, any breach of these terms and conditions by you, or the infringement by you or any other user of your account of any intellectual property right of any other person or entity.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the ‘Acceptable use’ paragraph.

If you wish to make any use of material on our site other than that set out above, please address your request to contact@2good2tip.com.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may only establish a link from our site where that link relates directly to an item for sale at that time on your stall. You may not create links from our site, including from your stall, to other sites offering for sale other items or for any business with which you have a connection. We reserve the right to close any stall which includes such links, such closure will be made without refund of the stall level payments. Our site is intended to be used by non-commercial individuals within communities and is not intended as commercial advertising space.

Miscellaneous provisions

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

If for some reason, the event of a dispute arose out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith and please contact us contact@2good2tip.com first in a process of mediation before commencing arbitration or litigation.

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

Disclaimers

We or our content suppliers may make improvements or changes to our website, the content, or to any of the services, at any time and without advance notice.

You are advised that content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.

We give no warranty and make nor representation, express or implied as to:

• the truth of any content on our website published by someone other than us;
• compatibility of our website with your equipment, software or telecommunications connection;
• any implied warranty or condition as to merchantability or fitness of the services for a purpose other than that for which the services are commonly used.

Our website contains links to other internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of services.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

We want you to enjoy using our site and encourage the community spirit. We hope you find 2good2tip to be a fun and happy experience. We do our best to monitor content to avoid anything being posted that is unsuitable or offensive, as mentioned above. So should you have any concerns about material which appears on our site, please contact contact@2good2tip.com immediately. Thank you.

Thank you for visiting our site and we sincerely hope you enjoy using 2good2tip.

Updated 18th May 2009.