Terms of Use

Your relationship with The Kirsty Club

Your use of the The Kirsty Club website is subject to the terms of a legal agreement between you and The Kirsty Club. “The Kirsty Club” means The Rainbow Family Trust, whose principal place of business is at New Bank Cottage, Whitley Road, Antrobus, Cheshire, CW9 6JS. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Unless otherwise agreed in writing with The Kirsty Club, your agreement with The Kirsty Club will always include, at a minimum, the terms and conditions set out in this document.

Your agreement with The Kirsty Club will also include the terms of any Legal Notices applicable to the Services, in addition to these terms. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

Our terms form a legally binding agreement between you and The Kirsty Club in relation to your use of our website and Services. It is important that you take the time to read them carefully.

Accepting the Terms

In order to use some features or Services, you must firstly agree to the Terms. You may not use these features or Services if you do not accept the Terms.

Provision of services by The Kirsty Club

Sometimes volunteers and contractors will be providing Services to you on behalf of The Kirsty Club itself. You acknowledge and agree that subsidiaries and contractors will be entitled to provide Services to you.

The Kirsty Club is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which The Kirsty Club provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that The Kirsty Club may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Kirsty Club’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform The Kirsty Club when you stop using the Services.

Use of the services by you

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Kirsty Club, unless you have been specifically allowed to do so in a separate agreement with The Kirsty Club.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with The Kirsty Club, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that The Kirsty Club has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Kirsty Club may suffer) of any such breach.

Privacy and your personal information

For information about The Kirsty Club’s data protection practices, please read The Kirsty Club’s privacy policy. This policy explains how The Kirsty Club treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with The Kirsty Club’s privacy policies.

Content in the Services

All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services is referred to below as the “Content”.

You should be aware that Content presented to you as part of the Services is protected by intellectual property rights which are owned by The Kirsty Club. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Kirsty Club in a separate agreement.

Other content

The Services may include hyperlinks to other web sites or content or resources. The Kirsty Club may have no control over any web sites or resources which are provided by companies or persons other than The Kirsty Club.

You acknowledge and agree that The Kirsty Club is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that The Kirsty Club is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms

The Kirsty Club may make changes to these Terms from time to time. When these changes are made, The Kirsty Club will make a new copy of the Terms available on this page. You understand and agree that if you use the Services after the date on which the Terms have changed, The Kirsty Club will treat your use as acceptance of the updated Universal Terms or Additional Terms.

September 2009