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AskPeopleYouKnow User Agreement

1. Introduction.

This Agreement is a legal document which sets out your rights and obligations, and those of AskPeopleYouKnow ("we" or "us"), in relation to this site and the services offered by us through it. References to "AskPeopleYouKnow" in this Agreement are to us, the site and/or the services available through it, according to the context. You must take the time to read and understand this Agreement before registering for AskPeopleYouKnow. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. People who register for AskPeopleYouKnow establish an "Account", and become "Registered Users". Visitors to AskPeopleYouKnow who do not become Registered Users affirm that they are bound by this Agreement each time they access AskPeopleYouKnow. You should be aware that this Agreement may change from time to time in accordance with Clause 20 below.

2. The Essentials of AskPeopleYouKnow

AskPeopleYouKnow is a venue where Registered Users are able:

  1. to establish a network of "Friends", grouped according to their closeness to or remoteness from the Registered User on AskPeopleYouKnow, such as:
    1. 1-Step Friends, who are directly introduced to AskPeopleYouKnow by one another, or directly connect with one another through AskPeopleYouKnow;
    2. 2-Step Friends, which are the 1-Step Friends of the Registered User's 1-Step Friends; and
    3. 3-Step Friends, being the 1-Step Friends of the Registered User's 2-Step Friends, and the 2-Step Friends of the Registered User's 1-Step Friends; and
    4. if available through AskPeopleYouKnow, more remotely Stepped Friends.
  2. to form or join "Groups" of Registered Users according to interests common to those Registered Users, which may be social, cultural, professional or sporting (for example), or may relate to planned events;
  3. to offer goods and services for sale through our "Classifieds" service;
  4. to communicate with other Registered Users, such as by asking or responding to questions and sending/receiving messages through AskPeopleYouKnow, and;
  5. to contribute to such blogs, forums and other interaction facilities as we may make available;
  6. in their "Scrapbook", save content of AskPeopleYouKnow that may be of interest;
  7. to establish a "Profile" on AskPeopleYouKnow;
  8. to use our AskPeopleYouKnow search service to search AskPeopleYouKnow or the web, or both; and
  9. to use other facilities that we may make available from time to time.

collectively, our "Services".

A significant aspect of AskPeopleYouKnow is that Registered Users can direct their use of certain of our Services - such as their Classifieds, Profile and searches, and their communications through AskPeopleYouKnow - to specified types of Friend (1-Step, 2-Step or 3-Step) or Groups, should they choose to do so.

You must be at least 16 years of age to obtain an Account.

It is the responsibility of Registered Users to have sufficient web and Internet usage skills to make full use of AskPeopleYouKnow. Please also note that AskPeopleYouKnow is currently a trial service. This means that there may be aspects of the service that are not completely final, that have bugs or may be difficult to use. Registered Users must take account of this.

Our FAQs and other Services documentation available on AskPeopleYouKnow provide further information about our Services; you should consult them concerning queries or issues you may have about AskPeopleYouKnow.

If there is a charge for the use of an individual facility or service available through AskPeopleYouKnow, that charge (or the method of its calculation), and any terms and conditions governing that facility or service, will be notified to the Registered User at the time.

Note that we may change the name of AskPeopleYouKnow, or the web-address (URL) that you use to access AskPeopleYouKnow over time.

3. Obtaining an Account

You must register for AskPeopleYouKnow using accurate and current information about yourself. You should keep this information updated through your Account.

You must not include in your online identity on AskPeopleYouKnow:

  1. any term that might potentially offend anyone;
  2. an email address or web address; or
  3. anything that is capable of being confused with, or is apparently similar to, our or any third party's trade mark or brand name.

You must not have or be associated with more than one Account, nor may you transfer your Account to any other person. Registered Users agree that they are each responsible for everything which is done on or through AskPeopleYouKnow through or in connection with their Account, while logged on as a Registered User to AskPeopleYouKnow, or through their email address(es).

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. So if you change email address, then you must change it on your Account.

4. Classifieds on AskPeopleYouKnow

On AskPeopleYouKnow:

  1. Registered Users who wish to buy something ("Buyers") can search for, or otherwise hear about, goods and services ("Products") that may be of interest to them;
  2. Registered Users who wish to sell a Product ("Sellers") can provide information about their Products in a "Listing";
  3. Buyers can agree to purchase, and Sellers can agree to sell, Products (thus concluding a "Transaction");
  4. Registered Users can provide feedback on the conduct of a Transaction, and make recommendations based on the experience of those Transactions.

Sellers must:

  1. include in their Listings and other communications in relation to their Products information that:
    1. is accurate, complete and not misleading (whether actively or by omission);
    2. does not mislead as to its branding, origin or place of manufacture; and
    3. is compliant with all applicable laws and regulations;
  2. include in their Listings only Products that:
    1. they are entitled to sell and pass title to;
    2. do not breach any laws and regulations;
    3. are not counterfeit or stolen; and
    4. do not infringe the rights of any third party, including copyright, trade mark, patent and other intellectual property rights;
  3. place their Listings only in the part of AskPeopleYouKnow into which they naturally fit;
  4. express all prices of Products inclusive of applicable taxes (including VAT, where VAT is applicable); and
  5. communicate to Buyers all of the contractual terms and conditions which apply under a Transaction, including the currency of the Transaction.

Sellers should note that the Electronic Commerce (EC Directive) Regulations 2002 requires Sellers to provide certain information about themselves to potential Buyers, as well as the obligation to provide a right of cancellation. It is the Seller's obligation to ensure that those Regulations - as well as any other applicable laws and regulations - are complied with in their communications with actual or potential Buyers.

Both Sellers and Buyers:

  1. shall not interfere with other Registered Users' Listings;
  2. must not do anything that may undermine AskPeopleYouKnow's Feedback function;
  3. may only use the Feedback function to rate Registered Users with whom they have entered into, or commenced to enter into, a Transaction; all such ratings must be accurate and fair;
  4. shall not transfer to any other site or service any of such Feedback, or use it for anything that does not directly relate to AskPeopleYouKnow;
  5. shall not add another Registered User, even ones that have purchased a Product from them, to their mailing list(s) (e-mail or physical mail) without the Registered User's consent;
  6. acknowledge that they enter into Transactions at their own risk;
  7. agree that they are responsible for determining whether VAT (or any other tax) applies to any Transaction to which they are party;
  8. must be legally able and entitled to enter into any Transactions in which they are, or endeavour to be, involved;
  9. shall not enter into, or endeavour to enter into, any Transaction relating to, or include in a Listing, any product or service that we may specify as being prohibited from time to time on AskPeopleYouKnow
  10. accept that each Transaction is a binding contract of sale and/or supply; and
  11. shall complete the performance of each Transaction in accordance with its terms.

Each Transaction is conducted in a single currency, selected by the Seller in the course of creating the relevant Listing, and amounts due are payable in that currency.

5. Registered User Content on AskPeopleYouKnow

Material posted, contributed, distributed, communicated, transmitted or linked-to by a Registered User on, through or in connection with the Services is treated as "Registered User Content" for the purposes of this Agreement. Note that we are entitled to treat anything done through a Registered User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the Registered User; it is up to the Registered User to maintain the security of his/her Account.

Each Registered User shall ensure that his/her Registered User Content does not:

  1. include anything that is false, inaccurate, misleading or defamatory, or that is likely to cause needless annoyance, inconvenience or distress to any person;
  2. contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  3. contravene any applicable law (including, without limitation, any criminal law) or regulation;
  4. infringe the rights of any person or entity;
  5. misrepresent the Registered User's identity in any way;
  6. publish any material containing personally identifying information about another Registered User, such as their real name, address, phone number, or email address, except with the prior written approval of that Registered User; or
  7. impose an unreasonable or disproportionately large load on our infrastructure or interfere with the proper working of AskPeopleYouKnow.

6. International use of AskPeopleYouKnow

The use of AskPeopleYouKnow, including acting as a Buyer or Seller, may be prohibited, illegal or restricted in various countries and jurisdictions. You are obliged to ensure that you comply with the laws that apply to you and your use of AskPeopleYouKnow, including as to Registered User Content, the Products that may be bought and sold through AskPeopleYouKnow and the Transactions that may be entered into.

7. Cancellation and Lapsing of Your Account

You can cancel your Account at any time by 30 days advance notice by email to us - any such email should be sent to cancel@AskPeopleYouKnow.com.

We reserve the right to lapse a Registered User's Account if the Registered User does not log into the Account for a period of 180 days.

If you cancel your Account or allow it to lapse, or we cancel it for any reason, you remain responsible for performing your obligations under this Agreement, including under each Transaction), and the rights granted to us under this Agreement (including in Clause 8) shall not be terminated as a result. Upon the cancellation or lapse of an Account:

  1. the name used by the Registered User for the associated Account will be automatically be ceded to us, and will no longer be associated with or controlled by the former Registered User in question; and
  2. we shall be entitled (but not obliged) to delete Registered User Content associated with that Registered User or Account from AskPeopleYouKnow.

The following Clauses shall survive any cancellation or lapse of your Account, and any termination of this Agreement: 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 19, 21, 22 and 24.

8. Intellectual Property

By posting, contributing, distributing, communicating or transmitting any Registered User Content (which includes, without limitation, Listings and Feedback), a Registered User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt and distribute that material worldwide through AskPeopleYouKnow and any other interactive services through which we make AskPeopleYouKnow (or a service based on AskPeopleYouKnow) available. For the avoidance of doubt, the licence under this Clause 8 will survive any termination of this Agreement or any cancellation, suspension or lapse of your Account.

Note that, without limiting the above paragraph, we may modify any material associated with a Registered User or an Account in order to conform it to AskPeopleYouKnow (such as by cropping images).

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to AskPeopleYouKnow (including, without limitation, Registered User Content associated with Registered Users other than you) are owned by, or licensed to, us. You may use and access AskPeopleYouKnow and that Registered User Content only to the extent required for the use of the Services in accordance with this Agreement, and for the purpose that we make them available.

It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from AskPeopleYouKnow, or any of the material which is found on AskPeopleYouKnow unless properly licensed to do so by us.

Registered Users agree not to use any robot, spider, scraper or other automated means to access AskPeopleYouKnow for any purpose without our prior express written permission.

9. Privacy

Our privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use AskPeopleYouKnow.

Given the global nature of the World Wide Web, please note that a posting on AskPeopleYouKnow may be accessible to internet users around the world.

Registered Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Registered Users, including email addresses, without their express consent. No Registered User shall use any information regarding other Registered Users that is accessible through the Services except as expressly permitted by this Agreement.

10. Our Role

We are not a party to any Transactions, and not responsible for any Listings or other Registered User Content. We only provide the technical means, and a venue, for them to be accessed.

AskPeopleYouKnow has no control over or responsibility for:

  1. the quality, safety, or legality of Products that appear on AskPeopleYouKnow, in Listings, or that are the subject of Transactions Listings;
  2. the truth or accuracy of Listings or any other Registered User Content; or
  3. whether any Registered User will comply with his or her obligations under this Agreement.

AskPeopleYouKnow does not pre-screen Listings or other Registered User Content. Also, AskPeopleYouKnow cannot and does not control the completion or validity of Transactions. Even though Registered Users are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of a Registered User's obligations under this Agreement. Therefore, you should exercise no lesser degree of caution in using the Services than you would when conducting similar activity offline.

To the extent that the law permits, you release AskPeopleYouKnow, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Registered User Content, Listing or Transaction.

You must not assume that the import or export, or the advertising, offering, purchase or sale, of any Product complies with applicable law or regulation by reason of it appearing on AskPeopleYouKnow.

We do not have any responsibility or liability for the deletion of, or any failure to store or deliver, Registered User Content.

We may set limits on the volumes of specific types of Registered User Content that you may send, post, store, or receive through AskPeopleYouKnow, and reserve the right to delete Registered User Content that exceeds such limit(s) in our reasonable discretion without any liability whatsoever. It is your responsibility to check on AskPeopleYouKnow what such limits are at any given time.

AskPeopleYouKnow may contain links to or advertisements for other websites; the inclusion of such a link or advertisement does not indicate that we endorse that website or any of its content.

11. Misuse

We reserve the right (a) to suspend or terminate any Registered User's use of all of part of the Services, (b) to remove from access via AskPeopleYouKnow any Registered User Content associated with the Registered User or his/her Account, (c) to warn Registered Users and other users of AskPeopleYouKnow against interacting with the Registered User, and/or (d) to take technical and legal steps to stop the Registered User from using AskPeopleYouKnow, if the relevant Registered User or Account appears to us to be in breach of any provision of this Agreement; by doing so, Registered Users acknowledge that we shall not incur any liability to a Registered User or any other person.

If you see or experience anything on AskPeopleYouKnow that appears to infringe any provision of this Agreement the above, we would like you to inform us at feedback@AskPeopleYouKnow.com. We rely on Registered Users to alert us to infringing Registered User Content and other activity.

If a Seller includes a hypertext link to another site in a Listing, the linked site must be directly relevant to the subject-matter of the Listing and the proposed Transaction; but in any event you acknowledge that we will be entitled to remove, or require the removal of, any such links at our discretion.

12. Contact from third parties

If anyone contacts us in relation to Registered User Content or a Transaction associated with a Registered User, or any related activity or communication, then the relevant Registered User agrees:

  1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
  2. to respond promptly and accurately to it, should we pass the message to the Registered User for a response.

13. Additional services

We, our affiliates or third parties with which we contract may offer new or additional services through AskPeopleYouKnow from time to time. Your use of those services may be subject to additional terms and conditions (including as to fees or payments), which you must comply with. Provided that those terms are notified to you on AskPeopleYouKnow in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

14. Operation of AskPeopleYouKnow

We reserve the right to withdraw or modify all or part of the Services or AskPeopleYouKnow where we have legal or commercial reasons to do so.

There may also be times when the operation of AskPeopleYouKnow is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by AskPeopleYouKnow or on the Internet, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to AskPeopleYouKnow or any of the material that appears on it.

If we are conducting a period of planned unavailability of the Services, we will inform Registered Users of this by a notice that appears on one or more pages of AskPeopleYouKnow.

For security or other reasons, we may require you to change password or other information which facilitates access to AskPeopleYouKnow; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

15. Liability

  1. We use reasonable care and skill to provide AskPeopleYouKnow in accordance with our specifications for AskPeopleYouKnow, but:

    1. as indicated above, note that AskPeopleYouKnow is currently a trial service, and that aspects of AskPeopleYouKnow are not completely final, may have bugs or be difficult to use; and
    2. the Services are provided "as is"; and
    3. we cannot and do not guarantee that AskPeopleYouKnow or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any Registered User Content placed on or made through AskPeopleYouKnow.
  2. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in this Agreement.
  3. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
  4. Subject always to sub-Clause f. below, AskPeopleYouKnow shall have no liability other than for direct loss or damage, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its agents, directors, officers, shareholders, employees and subcontractors. AskPeopleYouKnow's aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you (as a Registered User) obtain your Account (each a "Year") shall be limited to the greater of:
    1. £10 (ten pounds); or
    2. The amount of any charges paid by you to us under this Agreement (but not, for the avoidance of doubt, to any third party) during that Year.
  5. It is your responsibility to take out insurance against risks which exceed the amounts specified in sub-Clause d. above or are otherwise excluded from this Agreement.
  6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
    1. for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
    2. for any indirect, special or consequential loss damage, costs or other claims,
    howsoever caused or arising.
  7. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
  8. For the avoidance of doubt, AskPeopleYouKnow will not have liability to you or any other person in respect of Registered User Content or Transactions.
  9. We will not be liable for any failure to perform our obligations under this Agreement caused by matters beyond our reasonable control.
  10. The provisions of this Clause 15 shall survive the termination or expiry of this Agreement.

16. Indemnity

Each Registered User agrees to indemnify AskPeopleYouKnow, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:

  1. breach of this Agreement by the Registered User or through his/her/its Account;
  2. Registered User Content associated with that Registered User; and
  3. Transaction involving that Registered User.

17. Suspension

In addition to the other rights of suspension specified in this Agreement, AskPeopleYouKnow is entitled to suspend provision of all or part the Services, or the availability of Registered User Content associated with any Registered User, at any time if AskPeopleYouKnow is obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

18. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of AskPeopleYouKnow assign or dispose of this Agreement or any Transaction, nor subcontract any of your rights and obligations under either of them.

19. Entire Agreement

This Agreement is intended to contain your entire agreement with us relating to AskPeopleYouKnow; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to AskPeopleYouKnow, except for any fraud or fraudulent representation by either of us.

20. Changes to this Agreement

We reserve the right to change this Agreement from time to time, and post the new version on AskPeopleYouKnow. The new version of these terms and conditions will take effect:

  1. commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; or
  2. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address (URL) that you use to access, AskPeopleYouKnow, (ii) removing wording that refers to AskPeopleYouKnow being a trial service, and (iii) the refinement of provisions that are already included or referred to in this Agreement.

In either case, if you do not wish to be governed by the new version of the Agreement, you must cease to use the Services and AskPeopleYouKnow. For the avoidance of doubt, we will not have any liability to you in that event.

21. General

If any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of this Agreement.

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

22. Law

This Agreement and the Services shall be governed by English law.

Unless otherwise agreed between the Buyer and Seller, every Transaction shall be deemed performed in England and Wales.

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.

23. Keeping this Agreement

We don't separately file the individual Agreements entered into by Registered Users when they register for AskPeopleYouKnow. You can access it at www.askpeopleyouknow.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

24. Contact

We are a company registered in England and Wales under registration no. 6320898 under the name Aubert Park Ventures Limited (which name may change over time); the address of our registered office is 5 Fairmile, Henley on Thames, Oxfordshire RG9 2JR. Our VAT registration number is 920 1860 53. Except as explicitly stated otherwise, notices to us shall be sent by registered mail to AskPeopleYouKnow, 5 Fairmile, Henley on Thames, Oxfordshire RG9 2JR. We will send our notices to you by email or registered mail to the email address or postal address (as applicable) that you provided to us when you registered for AskPeopleYouKnow, as changed subsequently in your Account details.