Fish to Water – Terms and Conditions
In these Terms and Conditions the following words shall bear the following:-
"Fish to Water" means Fish to Water Ltd.
"Website" means www.fishtowater.co.uk
"MEMBER" means any person registered with Fish to Water.
"EVENT/EVENTS" means any of the activities, outings or events organised by Fish to Water for its Members.
These terms and conditions ("the Terms") govern your use of www.fishtowater.co.uk (the "Website") and services provided by Fish to Water. Please read through the Terms below carefully. If you do not agree with the Terms, do not use this Website. If you do use the Website, your conduct indicates that you agree to be bound by the Terms and agree to accept the application of English law to govern matters between yourself and Fish to Water. These terms and conditions are subject to change by Fish to Water at any time, effective upon notice to you.
By registering with Fish to Water or attending an Event organised through Fish to Water, you represent and warrant that you are at least 18 years old.
1. Copyright notices
Unless otherwise specified the copyright in all other contents of all the pages in this Website are owned or licensed to Fish to Water. Except as stated below, the contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Fish to Water. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to "caching" any material on this Website for access by third parties and "mirroring" any material on this Website. You may provide a link to this Website from any other Website without first obtaining prior written consent from Fish to Water. You may not copy content and include it in your site directly. You may print or download to disk the contents of an individual page of this Website for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the content in this Website for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.
2. Restricted Access
If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our Website or any other contractual obligation you owe to us.
3. Membership
(a) Each registration is for a single member only. The Company does not permit you to share your user ID or password with any other person or with multiple users on a network.
(b) Responsibility for the security of any passwords issued rests with you. Therefore, you are responsible for all actions taken with any user ID and password, including fees. We therefore recommend that you do not disclose your user ID or password to any third parties.
(c) The Company reserves the right, in its sole discretion, to change its fee structure at any time. In all circumstances, you will be given at least 21 days' notice of any proposed change to the Company's fee structure.
(d) Members understand and agree that the Company may send certain communications such as service announcements and administrative notices and that you will not be able to opt out of receiving them.
(e) The Company reserves the right at any time, in its sole discretion, to modify or discontinue, temporarily or permanently its Website and services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance as noted herein and that you will not be entitled to any refund whatsoever of any membership fees paid.
(f) Further, your membership (including, but not limited to, access to this Website and its services and any events organised by the Company or its members) may be terminated at any time, without notice, should you be in breach of any of the Terms of this legal notice or the Privacy Policy. Should termination occur due to your breach as outlined in this paragraph, you will not be entitled to any refund whatsoever of any membership fees paid.
(g) Upon your request, we will deactivate your account and contact information from our active databases. To make this request, email cancel@fishtowater.co.uk and such information will be deactivated as soon as reasonably possible in accordance with applicable law. You will not be entitled to any refund whatsoever of any membership fees paid.
(h) For the avoidance of doubt, these Terms shall remain effective regardless of termination of membership, howsoever caused.
4. Events
(a) When booking an Event you must pay the full amount for that event on the internet. These terms and conditions together with the general information provided on the Website for each individual Event is the basis of your contract for each Event. This particular contract will come into existence when we dispatch a confirmation receipt.
(b) You are responsible for ensuring that you are at the correct Event meeting point at the correct time (if applicable), as we cannot be liable for any loss or expense suffered by Members because of their late arrival at any meeting point. It is your responsibility to ensure that you adhere to all itinerary instructions and Regulations provided by Fish to Water.
(c) It is possible that circumstances may force us to make changes to the Event. In the events of a change you can continue with the Event as amended or accept an alternative. If Fish to Water cancels an Event, you will receive a full refund within seven days.
5. Cancellation Policy
To cancel a booking, you will need to forward the relevant 'Event meet-up details' email from Fish to Water to admin@fishtowater.co.uk with a note from you confirming your cancellation.
Fish to Water Events: 3 days' notice of cancellation required
If you cannot attend an Event that you have booked your place on, and only if, you provide Fish to Water with your notice of cancellation more than more than 3 days before the Event is due to take place, you will be provided with a 100% refund within 14 days, less a £2.50 cancellation fee.If you give notice of your cancellation less than 3 days before the Event, it will be at Fish to Water's discretion to issue you with a 'good will' credit note of £1.50 towards a future Event booking.
Ticketed Events: 5 days' notice of cancellation required
In the case of Events for which we will need to transfer your ticket to another MCL Member, if you provide Fish to Water with your notice of cancellation more than 5 days before the Event is due to take place, and if, and only if, we are able to transfer your ticket, you will be provided with a 100% refund within 14 days, less a £2.50 cancellation fee.
If you give notice of your cancellation less than 5 days before the Event and if, and only if, Fish to Water is able to transfer your ticket to another Member, it will be at Fish to Water's discretion to issue you with a 'good will' credit note of £1.50 towards a future Event booking.
If you give notice of a cancellation, regardless of the length of time the notice is given ahead of the Event, and Fish to Water is unable to transfer your ticket to another Member, Fish to Water will offer no refund or credit note on your payment.
Within 24 hours of a cancellation request, the available place on an Event will become bookable through the Calendar of Events on the Website. It is at Fish to Water's discretion if and how it is communicated to Members by Fish to Water other than though the availability of the place on the Website that a place on an Event has become available after a cancellation. Fish to Water is under no obligation to make other Members aware of the availability of your cancelled place through any other means other than by making the place bookable through the Calendar of Events on the Website.
6. Code of Conduct
When using Fish to Water, you agree that:
(a) You are solely responsible for the content or information you publish or display (hereinafter, "post") on Fish to Water.
(b) You will not post on Fish to Water, or transmit to other Fish to Water Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
(c) You will use Fish to Water in a manner consistent with any and all applicable laws and regulations.
(d) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(e) You are solely responsible for your interactions with other Fish to Water Members. Fish to Water reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members. Through our services we arrange for our users to physically meet up at private and public venues. Although a member from Fish to Water may volunteer to host these events, they are not responsible in any way with the actions of any individuals at these events or for the personal safety of any individuals attending the event. We request that Fish to Water Members exercise caution and good judgment when attending these events.
7. Disclaimer
Fish to Water does not verify personal information on its participants, such as marital status or any other aspects of their general background. It is up to you to clarify these issues to your own satisfaction. Fish to Water does not have the ability to independently screen participants registering as members or to attend its organised Events. By registering to become a member or to attend an Event through Fish to Water, you are agreeing that neither Fish to Water is liable for any damages, direct or indirect, that may in any way arise out of Fish to Water programme. This includes, without limitation, damages arising out of travelling to and from an Event, meeting or communicating with other participants and the actions of other participants in programs sponsored by Fish to Water.
8. Information supplied by Members
Fish to Water will keep confidential all information supplied by you to Fish to Water, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. A statement of our privacy policy may be found at http://www.fishtowater.co.uk
9. Disclaimer of warranty
Fish to Water provides service on an "as is" basis and grants no warranties of any kind, expressed, implied, statutory, in any communication with Fish to Water or its representatives, or otherwise with respect to the service. Fish to Water specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Fish to Water does not warrant that your use of Fish to Water will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the service will be corrected. Fish to Water disclaims liability for, and no warranty is made with respect to, connectivity and availability.
10. Limitation of liability:
In no event will Fish to Water be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use Fish to Water, even if Fish to Water or its agents or representatives know or have been advised of the possibility of such damages, or to any person other than you.
Fish to Water does not screen the members registering for services offered by Fish to Water in any way. As a result Fish to Water will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of communicating and/or meeting with other members of this service, or introduced to you via this service. Fish to Water is not liable for the integrity of statements made by members as to their identity and general background. It is incumbent and advised upon the user to verify any and all information relating to but not limited to this subject. It is advised to check references of any user. Nothing in this agreement shall exclude or limit our liability to the user for death or personal injury resulting from the negligence of Fish to Water or that of the employees or agents of Fish to Water or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law. If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.
11. Indemnity
You will defend, indemnify, and hold harmless Fish to Water, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable solicitors' fees) relating to or arising out of your use of Fish to Water, including any breach by you of the terms of this Agreement.
12. Complaints
To resolve a complaint regarding Fish to Water, you should first contact Fish to Water via email at complaints@fishtowater.co.uk.