Terms & Conditions

 

 

Welcome to pinke.biz (the "Website"), a gay-friendly website that allows you to search for gay-friendly businesses, register your gay-friendly business, advertise your gay-friendly business and to connect with other pinkepals on our social networking section.

 

These Terms and Conditions will apply when you access the Website, register your business in the pinke.biz directory ("Registrations"), use the on-line advertising banner service (the "Advertisements") or use your pinkepals account (collectively known as the "Service"). Before proceeding to access the Website or place an order, we ask that you read these Terms and Conditions and the Privacy Policy (collectively the "Terms and Conditions") carefully. You will also find that they contain some useful advice on how to place an order for on-line advertising space within the Website.

 

If you find yourself unable to agree to these Terms and Conditions, then you must not access the Website or use our Service and we ask that you exit the Website by closing your internet browser. If however, you agree to them unconditionally, please continue to use the Website and you will then be able to register or place an order with us to which these Terms and Conditions will apply.

 

We reserve the right, at our sole discretion, to alter, change, modify, add, or delete portions of these Terms and Conditions and/or the Website at any time without notifying you in advance. If we do so in respect of the Terms and Conditions we will detail the changes made on this page giving the date the Terms and Conditions were last revised. If you continue to use the Service or the Website after any such changes you will be deemed to have accepted the new version of the Terms and Conditions. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions and to review such changes.

For your convenience, we have listed below some general information about ourselves:

 

·                     “We” are Pinke Ltd, a company registered in England (company registration number 06258967) and having its registered office at Abberley View, Saxon Business Park, Hanbury Road, Stoke Prior, Bromsgrove, Worcestershire B60 4AD, United Kingdom.

 

·                     Our telephone number is 0844 800 3628;

 

·                     Our e-mail address is info@pinke.biz;

 

·                     Our VAT number is 917237422

 

(1) Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:

 

Step 1: Provided that you agree unconditionally to the Terms and Conditions click on our Terms and Conditions box, which appears at the bottom of our registration/order form, which will confirm that you fully accept our Terms and Conditions. Our standard registration/order form contains information on price together with a description of the Services which are available, and an explanation of any promotional offers and methods of payment. 

 

 

Step 2: Upon completion of the registration/order form you will be given the opportunity to submit the form to register a directory listing or order a banner advertisement, details of which can be found on the Website. On receipt, we will send to you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you immediately by electronic mail if this is the case.

 

If you do not wish to submit your order to us, you should click the back button or close the internet browser, which will exit you from the Website and ensure that your registration or order is not submitted.

 

 

(2) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.

 

(3) These Terms and Conditions shall override any contrary terms or conditions published by us or appearing on the Website in relation to any registration or order placed by you with us.

 

(4) Your account can be accessed by you at any point by use of the username and password you have provided upon the initial registration process. If you would like to review your account, you can log in to your account under the Account Login section of the Website. 

 

 

(5) You can edit/amend any of your details (for example in the case of errors) by logging in to your account, as described in point (4) above. Once you have made the necessary amendments, these will be submitted to us for approval. Please allow a maximum of three working days for the changes to be uploaded on the Website.

 

(6) If you wish to close your pinke.biz account or delete a free directory listing then please refer to your Account Settings, which can be accessed by logging into your account, as described in point (4) above, and follow the on-screen instructions. For cancellation of all paid advertisements or listings please contact us at info@pinke.biz entitling your email "Cancellation of Banner Advertisement Order".

 

 

(1) There are some situations where we cannot accept a registration and/or order and we ask that you read these Terms & Conditions to make sure you are compliant with them. Furthermore, you must ensure that your responses are not misleading or inaccurate, and you acknowledge that we are reliant upon you to complete the registration/order form accurately.

 

(2) You agree not to supply to us, post or transfer to the Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.

 

(3) The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto the Website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and the right to allow us to utilise it for the purposes of any transaction concluded for or by you through the Website. If you are in any doubt about any data please feel free to e-mail our Data Controller at info@pinke.biz.

 

(4) In consideration of agreeing to your use of the Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in the Website belongs to us. Accordingly, any part of the Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content. Notwithstanding the foregoing you shall be entitled to display the "pinke" logo (as provided to you by us) at your business premises provided you do so only to advertise the "gay friendly" nature of your business and the fact that you have a listing with us. 

 

 

(5) You may only use the trademarks featured in the Website for the purpose of displaying the Website on your computer screen or printing out the Website on your printer in accordance with Condition 2(3) and 3(3) above.

 

(6) We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link within the Website, and we do not endorse or approve the content of such third party websites.

 

(7) We will collate the information which you give to us in the registration/order form to provide you with the Service. By giving us this information, you consent to our use of it in order to process your request. 

 

(8) Please be aware that to the extent permitted by law and except as expressly provided for in part B of these Terms and Conditions, we do not accept liability in respect of the Website or your use of it or the Service.

(9) Use of the Website and the Service is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.

 

We will not charge you for access to the Website or for Registrations. 

 

In respect of the Advertisements a charge will be payable by you to us. Please click here for a detailed price list in respect of our various banner advertising packages.

You can place an order for a directory listing or a banner advertisement on the Website once you have opened an account with us and are logged in. Once logged in, you will be prompted to choose whether you wish to place a Registration or purchase an Advertisement. The appropriate form will then appear on your screen. After submitting a registration/order form, you will be asked for credit/debit card details. Once you have inputted this information the system will provide you with a confirmation receipt. Please allow up to three working days for your Advertisement or directory listing to appear on the Website. 

 

 

(1)   All payments in respect of the Advertisements will be made via debit or credit card through SECPay. For details of the payment system in place with SECPay please click here.

(2)   In respect of Advertisements and for your convenience, your Advertisement will be automatically renewed on a quarterly basis. If you do not want the Service to automatically renew please follow the procedure specified on the webpage detailed in Part 1, Clause 1.

 

(3) All fees quoted shall be inclusive of VAT and/or any other applicable sales tax.

 

(4) Payments shall be made in pound sterling only.

 

(5) In respect of Registrations and Advertisements all payments made shall be non-refundable.

 

 

(1) In certain circumstances, you may have the right to withdraw from your contract with us without penalty and without the need to give us any reason, at any time during a period of seven working days (Monday to Friday inclusive) which shall begin from the day after the day of conclusion of the contract (for details of the point at which a legally binding contract is concluded between us please see section 2 above.

 

(2) We agree to reimburse you, free of charge, within 30 days of notification of withdrawal, the purchase price you paid (if any) for the Services.

 

(3) This right of withdrawal shall not apply, in any event, if performance of the contract has begun with your agreement, before the end of the seven working day period.

We shall endeavour to make the Website available to you. However, you acknowledge and accept that by its nature internet based technology is insecure and uninterrupted service cannot be guaranteed. You further acknowledge and accept that from time to time it will be necessary for us to carry out necessary maintenance in respect of the Website resulting in occasional periods of downtime. Although we will use reasonable endeavours to minimise such downtime periods we make no representations or warranties to you in respect of the Service and/or the Website.

 

(1) You represent and warrant that you are 18 years old or above.

 

(2) You shall, at all times, comply with the Terms and Conditions and will only utilise the Website and/or the Service for the purposes anticipated by this agreement.

 

(3) You shall make all relevant payments to us in a timely manner and in accordance with the provisions of this agreement.

 

(4) You shall ensure that your pinke.biz account password is kept secret at all times and you will not disclose the same to a third party (knowingly or unknowingly). In the event that details of your password are revealed to a third party you shall notify us immediately.

 

(5) You shall ensure that all information and/or materials provided by you to us or posted by you (the "User Content") on the Website is true, accurate, complete, owned by you (or that you have permission to post such information and/or materials) in its entirety and that it is free from virus or other malicious computer codes.  Furthermore you warrant and represent that the User Content shall not infringe the intellectual property rights of any third party. 

 

(6) You shall be responsible for the use of your pinke.biz account and for any activity which takes place on the account.

 

(7) You shall provide to us all relevant User Content in a timely manner and in a suitable format in order for us to fulfil the Service and operate the Website. For the avoidance of doubt if you fail to supply us with the necessary User Content needed by us in order to fulfil our obligations hereunder then our failure to provide the Service shall not be deemed to be a breach of our obligations hereunder. 

 

(8) You warrant that you will not utilise information from the Website for the purposes of sending unsolicited correspondence.

 

(9) You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Terms and Conditions.

 

(10) In so far as the laws allows, we shall not be liable for any loss or damage (direct or indirect) caused to you by your use of the Website and/or the Service. Your sole remedy in respect of any such loss or damage shall be to discontinue use of the Website and/or Service. For the avoidance of doubt we shall not be responsible for any issues that may arise if you download software from an external third party website or upgrade your browser software to enhance your usage of the Website. Furthermore we do not control and are not responsible for what other users post or transmit on the Website and any reference to products or services does not constitute or imply endorsement or recommendation of the same.

 

 

All Website content and Service content including but not limited to visual images and audio representations (the "Website Content") shall remain the sole property of Pinke Ltd. In respect of the User Content you hereby grant to us a worldwide non-exclusive perpetual irrevocable licence to use the same, free of charge, as we may in our sole discretion deem fit.  

You warrant, represent and undertake that you:

(1) are the owner of all intellectual property rights in any User Content provided to us; or

(2)   you have been duly authorised to use such intellectual property rights and to allow us to use them on your behalf.

 

We shall be entitled to immediately terminate this agreement, upon providing you with prior written notice, in the following circumstances:-

 

(1) You commit a material breach of the provisions hereof or a series of breaches which when viewed together are considered by us to amount to a material breach hereof provided always that we may, in our sole discretion, elect to allow you to rectify the breach within 5 working days;

(2)   You cease or threaten to cease to carry on the whole or part of the business to which the Service relates;

(3)   You are unable to pay your debts as they fall due;

(4)   A resolution is passed or applied for, for a voluntary winding up of the business to which the Service relates or a petition for the compulsory winding up of the business to which the Service relates is presented or applied for;

(5)   You undergo a change of control, as the same is commonly understood to mean;

 

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in section 1 of part A above. We will try to do our best to solve any problems that arise.

We shall not be liable for any delay or failure in providing the Service which results directly or indirectly from acts of nature, forces or causes beyond its reasonable control including but not limited to technology failure, power failures, strikes, labour disputes, riots, terrorism, insurrections, civil disturbances, vandalism, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of court.

 

We care about the privacy of our users. Click here to view the pinke.biz Privacy Policy. By using the Website and/or the Service, you are consenting to have your personal data transferred to and processed in the U.K.

 

(1) Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:

 

Step 1: Provided that you agree unconditionally to the Terms and Conditions click on our Terms and Conditions box, which appears at the bottom of our registration/order form, which will confirm that you fully accept our Terms and Conditions.

 

Step 2: Upon completion of the account registration form you will be given the opportunity to submit your information in order to open up a pinkepal account. On receipt, we will send to you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your application and accordingly, we will notify you immediately by electronic mail if this is the case.

 

If you do not wish to submit your order to open a pinkepal account with us, you should, click the back button, or close the internet browser, which will exit you from the Website.

 

(2) Please note that while we guarantee to send to you a notification of every valid application we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.

 

(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on the Website in relation to any order placed by you with us.

 

(4) Your account can be accessed by you at any point by use of the username and password you have provided upon the initial registration process. If you would like to review your account, you can login to your account under the Account Login section of the Website. 

 

(5) You can edit/amend any of your details (for example in the case of errors) by logging in to your account, as described in point (4). Once you have made the necessary amendments, these will automatically appear on the Website. We reserve the right to remove any information we deem inappropriate or may cause offence, or is in breach of these terms and conditions.

 

(6) If you wish to close your pinkepals account please click the "close account" button and follow the on-screen instructions. 

 

(1) There are some situations where we cannot accept a registration and we ask that you read these Terms & Conditions to make sure you compliant with them. Furthermore, you must ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the registration form accurately.

 

(2) You agree not to supply to us, post or transfer to the Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.

 

 

(3) The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto the Website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and the right to allow us to utilise it for the purposes of any transaction concluded for or by you through the Website. If you are in any doubt about any data please feel free to e-mail our Data Controller at info@pinke.biz.

 

(4) In consideration of agreeing to your use of the Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in the Website belongs to us. Accordingly, any part of the Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

 

 

(5) You may only use the trademarks featured in the Website for the purpose of displaying the Website on your computer screen or printing out the Website on your printer in accordance with Condition 2(3) above.

 

(6) We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link within the Website, and we do not endorse or approve the content of such third party websites.

 

(7) We will collate the information which you give to us in the registration form to provide you with the Service. By giving us this information, you consent to our use of it in order to process your request. 

 

(8) Please be aware that to the extent permitted by law and except as expressly provided for in part B of these Terms and Conditions, we do not accept liability in respect of the Website, your use of it or the Service.

(9) Use of the Website and the Service is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.

 

Pinkepals is a social networking website, which allows you to connect with friends and make new ones. We will not charge you for access to the Website or use of your pinkepals account. 

 

(1) Once registered your account will be made live immediately. 

 

(2) You are solely responsible for your interactions with other pinkepals users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

(1) We shall endeavour to make the Website available to you. However, you acknowledge and accept that by its nature internet based technology is insecure and uninterrupted service cannot be guaranteed. You further acknowledge and accept that from time to time it will be necessary for us to carry out necessary maintenance in respect of the Website resulting in occasional periods of downtime. Although we will use reasonable endeavours to minimise such downtime periods we make no representations or warranties to you in respect of the Service and/or the Website.

 

(2) You represent and warrant that you are 18 years old or above. If you are between the ages of 16-18 years old we recommend that you request your parent or guardian's permission before accessing the Website, using the Service and/or submitting any User Content.

 

(3)   You shall not submit, transmit, store or otherwise make available User Content which we, acting in our sole discretion, deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

 

(4)               You shall not submit, transmit, store or otherwise make available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;

 

(5)   You shall not seek personal information from anyone under 16 or solicit passwords or personally identifying information for commercial or unlawful purposes;

 

(6)   You shall not stalk, intimidate or harass another;

 

(7)   You shall not submit, transmit store or otherwise make available User Content which constitutes, encourages or provide instructions for a criminal offence or which in any other way violates any U.K. or international law;

 

(8) You shall, at all times, comply with the Terms and Conditions and will only utilise the Website and/or the Service for the purposes anticipated by this agreement.

 

(9) You shall ensure that your pinkepals account password is kept secret at all times and you will not disclose the same to a third party (knowingly or unknowingly). In the event that details of your password are revealed to a third party you shall notify us immediately.

 

(10) You shall ensure that all information and/or materials provided by you to us or posted by you (the "User Content") on the Website is true, accurate, complete, owned by you (or that you have permission to post such information and/or materials) in its entirety and that it is free from virus or other malicious computer codes. Furthermore you warrant and represent that the User Content shall not infringe the intellectual property rights of any third party. 

 

(11) You shall be responsible for the use of your pinkepals account and for any activity which takes place on the account.

 

(12) You shall provide to us all relevant User Content in a timely manner and in a suitable format in order for us to fulfil the Service and operate the Website. For the avoidance of doubt if you fail to supply us with the necessary User Content needed by us in order to fulfil our obligations hereunder then our failure to provide the Service shall not be deemed to be a breach of our obligations hereunder. 

 

(13) You warrant that you will not utilise information from the Website for the purposes of sending unsolicited correspondence.

 

(14) You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Terms and Conditions.

 

(15) In so far as the laws allows, we shall not be liable for any loss or damage (direct or indirect) caused to you by your use of the Website and/or the Service. Your sole remedy in respect of any such loss or damage shall be to discontinue use of the Website and/or Service. For the avoidance of doubt we shall not be responsible for any issues that may arise if you download software from an external third party website or upgrade your browser software to enhance your usage of the Website. Furthermore we do not control and are not responsible for what other users post or transmit on the Website and any reference to products or services does not constitute or imply endorsement or recommendation of the same.

 

 

All Website content and Service content including but not limited to visual images and audio representations (the "Website Content") shall remain the sole property of Pinke Ltd. In respect of the User Content you hereby grant to us a worldwide non-exclusive perpetual irrevocable licence to use the same, free of charge, as we may in our sole discretion deem fit.  

You warrant, represent and undertake that you:

(1) are the owner of all intellectual property rights in any User Content provided to us; or

(2) you have been duly authorised to use such intellectual property rights and to allow us to

use them on your behalf.

 

We shall be entitled to immediately terminate this agreement, upon providing you with prior written notice if you commit a material breach of the provisions hereof or a series of breaches which when viewed together are considered by us to amount to a material breach hereof provided always that we may, in our sole discretion, elect to allow you to rectify the breach within 5 working days;

 

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in section 1 of part A above. We will try to do our best to solve any problems that arise.

We shall not be liable for any delay or failure in providing the Service which results directly or indirectly from acts of nature, forces or causes beyond its reasonable control including but not limited to technology failure, power failures, strikes, labour disputes, riots, terrorism, insurrections, civil disturbances, vandalism, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of court.

 

We care about the privacy of our users. Click here to view the pinke.biz Privacy Policy. By using the Website and/or the Service, you are consenting to have your personal data transferred to and processed in the U.K.

 

 

 

 

 

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