TERMS AND CONDITIONS
Users Terms and Conditions:
Version 1 - March 2008
These Conditions are deemed accepted
by the user when the services of GazeThru.com have been accessed by the user or ordered
and upon signature of the Service Agreement by the user.
General Terms of Use
Gazethru.com reserves the right to change the terms, conditions, and notices under
which this website is offered, including but not limited to the charges associated
with the use of this site. You are responsible for regularly reviewing these terms
and conditions and additional terms posted on particular websites. Your continued
use of this site constitutes your agreement with gazethru.com to all such terms,
conditions, and notices.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information, software,
products or services obtained from this site without the advance express written
permission of gazethru.com.
This site may contain images of and links to third party Web sites. These sites
are not under the control of gazethru.com and gazethru.com is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Gazethru.com is not
responsible if the Linked Site is not working appropriately. Gazethru.com is providing
these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by gazethru.com of the site or any association with its operators.
You are responsible for viewing and abiding by the privacy statements and terms
of use posted at the Linked Sites.
You may not use gazethru.com in any manner that could damage, disable, overburden,
or impair any gazethru.com site(s) (or the network(s) connected to any gazethru.com
site(s)) or interfere with any other party's use and enjoyment of any gazethru.com
site(s). You may not attempt to gain unauthorised access to any gazethru.com site,
other accounts, computer systems or networks connected to any gazethru.com site,
through hacking, password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available through the gazethru.com site.
Gazethru.com does not claim ownership of the materials you provide to gazethru.com
(including feedback and suggestions) or post, upload, input or submit to any gazethru.com
site or its associated services for review by the general public, or by the members
of any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") your
Submission you are granting gazethru.com, its affiliated companies and necessary
sublicensees (i) permission to use your Submission in connection with the operation
of their Internet businesses (including, without limitation, all gazethru.com sites)
(ii) the license rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; to publish your
name in connection with your Submission; (iii) and the right to sublicense such
rights to any supplier of gazethru.com.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Gazethru.com is under no obligation to post or use any Submission you may
provide and gazethru.com may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The information provided on this website is accurate to the best of our knowledge.
However, we cannot be held responsible for any inaccurate information or any other
losses resulting from use of the information provided.
1. Definitions
1.1 In these Conditions the following
words and phrases shall have the following meanings unless the context requires otherwise:
Advertisement:
Any promotional advertisement including
all forms of display advertisements, corporate brochures, Logo Buttons, featured portfolio,
Jobs, career opportunities, sponsorship banners, header Banners, email promotional
campaigns etc shall appear on GazeThru.com from time to time;
Member:
A user that views, sources or applies
for material uploaded on GazeThru.com. Any person using and purchasing the GazeThru
services, where a person includes but is not limited to, direct users or third parties
such as companies, agencies and so forth;
Membership Account:
The facility provided by GazeThru.com
to enable the user to manage uploaded material by enabling users to view/add portfolios,
careers/jobs, adverts, chat, forum and other communication via a messaging centre;
Conditions:
These Standard Terms and Conditions;
Contract:
The contract for the supply of
any services by GazeThru.com to the user comprising these Conditions and a Service
Agreement;
Portfolio/URL:
Could refer to users web page which
contains text, graphics, data, files and links which are used to promote a personal/corporate
message. Can also be supplied with a brief outline of a users education, training,
skills, demonstration of work and employment experience which is provided to gazeThru
by the user for distribution to other users/members with a view to securing opportunities
for business, academic/research, social and recreation activity;
Users/Members:
A person who pays or uses GazeThru.com
services freely for
the purpose of their own self development and promotion for business, academic/research,
social and recreational needs and not on behalf of any other 3rd party end client;
Display Advertisement:
Available to premium members only.
Adverts can be displayed on selected pages on GazeThru.com;
Third Party:
The person to whom the Members
services are provided;
Standard/Premium Fee:
The fees and charges payable by
the user are as specified under Membership;
Email form:
A communication template supplied
by GazeThru.com, to facilitate user communication for confidentiality;
Header & Banner Adverts:
A users banner advertisement can
be displayed on various available sections of GazeThru.com. Sections are viewable
and can be selected at the time of uploading. Banner adverts can only be uploaded
by premium members and Header banner adverts can be uploaded by sponsors on requests,
please contact us to provide details of your campaign;
Targeted promotional campaign:
A service which is available to
premium members only, subject to a specific promotional campaign via email to users
who fall under the sector the campaign relates to. Contact
us to request for this service;
Portfolio/career/Jobs Listing:
A page of GazeThru.com which lists
all the currently live material advertisements of any particular user or source;
Month (Applies to Standard/Premium
Membership):
For the purposes of Standard and
premium membership, the length of a month/year is defined as the number of days within
the month/year of the start date.
Services:
The services which GazeThru.com
has agreed to provide to the user as a member includes banner adverts, portfolio,
career/jobs submission, chat/forum, filtering email form, and any other services which
may be provided to the user;
Sponsorship Banner:
A service whereby the sponsors
banner advert is display;
Start Date:
The start date for the provision
of the service (membership) as referred to and identified under Membership on GazeThru.com;
Visitor:
A person who visits a specific
page of GazeThru.com within a specific time period.
Material uploads:
Are approved by the user.
2. Services
2.1 Premium & Standard
Members - Cancellations
Prospective
members have enough information (as free members) to make an informed decision on
upgrading. As such, membership fees are non-refundable due to exorbitant administrative
costs.
2.2. An Advertisement or Service
which indicates, or can reasonably be understood as indicating, an intention to discriminate
on grounds of religion, sex or race will not be accepted unless it is exempted from
the requirements of the Sex Discrimination Act or the Race Relations Act. A statement
must be made at the time the advertisement is placed or Service used saying which
of the exemptions in the Act(s) is considered to apply.
2.3. Contact details displayed
on uploaded material will not be permitted to appear on GazeThru.com, therefore we
reserve the right to delete/refuse to publish user?s materials if they so wish
to ignore this statement. We also request that users that do notice contact details
to be displayed report to us in confidence.
2.4. GazeThru.com may at its discretion
and without prior notice, report any material upload or Service which in its reasonable
opinion is being used for an improper or illegal purpose by a user to the relevant
authorities. GazeThru.com may also disclose information about any user to any third
party, as GazeThru shall deem necessary to protect its interests or the interests
of users and/or other users of the website.
2.3 We also reserve the right to
refuse/delete material that does not promote the mission of GazeThru.com.
2.5. GazeThru shall be entitled
at anytime without notifying the user to make changes to the services, which are necessary
to comply with any applicable security or other statutory requirements and shall determine
the manner in which the services are provided.
3. Filtering email forms
3.1 The user should ensure that
messages sent to others are not discriminatory offensive, illegal, obscene or indecent,
or capable of being resolved into obscene or indecent images or material;
3.2 are not defamatory, threatening
or racially, ethnically or otherwise objectionable;
3.3 are not designed or likely
to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other
person;
3.4 do not infringe the rights
(including, without limitation, the intellectual property rights) of another person.
3.5 Users shall be responsible
for:
3.1.1 uploading and maintaining
the necessary materials on their account;
3.1.2 The user accepts that GazeThru
is notresponsible for:
the establishment or maintenance
of any account held with a third-party;
any errors, omissions, duplicate
entries or faults caused by third-party suppliers.
4. Managing Information
4.1 To comply with the provisions
of the Data Protection Act 1998 or relevant legislation with regard to any user information
received by it and in particular to keep such information confidential.
4.2 In relation to any material
uploaded the user is a principal notwithstanding that the user may be acting directly
or indirectly for a third party;
4.3 The reproduction and/or publication
of uploaded material on GazeThru.com as originally submitted or as amended will not
breach any agreement or infringe or violate any right of any person or render GazeThru.com
liable to any proceedings whatsoever and the user indemnifies GazeThru.com against
all costs, claims, damages, loss, expenses and liabilities suffered or incurred on
GazeThru.com as a result of this undertaking and warranty being incorrect;
4.4 Any information supplied by
the user in connection with the provision of the services is accurate, complete and
true;
4.5 In respect of any uploaded
material which contains the name or pictorial representation (photographic or otherwise)
of any living person and/or any part of any living person and/or any copy by which
any living person is or can be identified the user has obtained the authority of such
living person to make use of such name, representation and/or copy;
4.6 Each material upload is legal,
decent, honest and truthful and complies with all applicable laws, rules, regulations
and codes relating to advertising as may be appropriate;
4.7 No Advertisement contains any
data, image or other material which:
(a) is offensive, obscene or indecent,
or capable of being resolved into obscene or indecent images or material;
(b) is defamatory, threatening
or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause
annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) infringes the rights (including,
without limitation, the intellectual property rights) of another person;
(e) is designed or likely to cause
disruption to any computer system or to any network;
(f) is illegal or designed or likely
to induce an illegal act.
4.8 The user is responsible for
ensuring that the content of any uploaded material and the use of GazeThru.com services
is not discriminatory, obscene, defamatory, or in any other way illegal or in breach
of any legislation. The user also agrees to comply with all relevant industry Codes
of Practice.
4.9. The user acknowledges that
it is not vested with any proprietary rights in respect of the website, or any material
submitted by any user.
4.10. The user shall indemnify
GazeThru.com against all claims made by the third parties in respect of the misuse
of the data supplied to members.
5. Liability
5.1 Any loss of copy, artwork,
photographs, data or other materials that you supply to GazeThru.com shall be your
responsibility for retaining in its possession sufficient quality and quantity of
such materials for whatsoever purposes it may require;
6. Indemnity
6.1. you agree to indemnify GazeThru
and to keep GazeThru indemnified in respect of, but not limited to, all damages, costs
or liabilities that GazeThru may incur arising from an uploaded material or use of
any Service, and in particular resulting from the following:-
6.1.1 the publication of any defamatory
statement;
6.1.2 breach of copyright;
6.1.3 any claims made by any person
in respect of race, religion, age, sex or disability discrimination;
6.1.4 any breach by you as a user
of any warranty given hereunder.
7. Disclaimer
7.1. Except as otherwise provided
by statute, GazeThru disclaims all warranties, express or implied by law of statute,
in relation to, but not limited to, the website.
8. Miscellaneous
8.1. By using this website
you adhire and accept the terms and conditions of GazeThru.com services.
No variation shall be binding unless agreed in writing.
8.2. If any provision of these
Terms is held to be void or unenforceable in whole or in part, these Terms shall continue
to be valid as to the other provisions and the remainder of the affected provision.
No waiver by GazeThru.com shall be effective except in relation to the matter in respect
it was specifically given.
8.3. Nothing in these Terms is
intended to confer on any person any right to enforce any provision of these Terms,
which that person would not have had but for the Contracts (Rights of Third Parties)
Act 1999. In so far as the user is a consumer (as that term is defined in the Consumer
Protection (Distance Selling) Regulations 2000, the user agrees that the provision
of Services under these Terms may, by agreement between the user and GazeThru.com,
take place before the end of any applicable cancellation period, in which case the
right to cancel such provision of services shall not apply.