Our Terms and Conditions

1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of WhosYourNeighbour Limited ("whosyourneighbour", “WYN”, "we" or "us"), a company registered in England under registration no. 5675810, in relation to this site and the services offered by whosyourneighbour through it (the "Whosyourneighbour Service").
You must take the time to read and understand it before registering for the Whosyourneighbour Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Whosyourneighbour Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Whosyourneighbour Service. You should be aware that this Agreement may change from time to time in accordance with Clause 22 below.
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. If you change email address, then you must inform us of the new address through your “our details” page.

2. Membership

People who register for the Whosyourneighbour Service become "Members". They must be at least 18 years of age. We have only one type of membership and that is “full free member”. This is someone who has gone through the registering process.
Full Free Members may:

• send email messages to other full members; and
• post to any message boards which may be available on the Whosyourneighbour Service.

Note in the future we retain the right to charge for membership to the Whosyourneighbour service and for use of the boards.
Note that we are not an internet service provider. In order to make use of the Whosyourneighbour Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Registration

You undertake to register for the Whosyourneighbour Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to add yourself to the address at which you reside. As part of the registration process for the Whosyourneighbour Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

4. Privacy policy

Whosyourneighbour’s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Whosyourneighbour Service (including any which contain personal information) is, of course, accessible to internet users around the world.

5. Whosyourneighbour’s Role

You acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Whosyourneighbour Service or outside of it. We only provide a venue where the Whosyourneighbour Service may be accessed. In particular, you should be aware that Whosyourneighbour does not generally pre-screen or monitor the material contributed by Members.

6 Additional services

Whosyourneighbour, or its affiliates may offer new or additional services through the Whosyourneighbour Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

7. Operation of Whosyourneighbour Services

Whosyourneighbour reserves the right to withdraw or modify aspects of the Whosyourneighbour Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Whosyourneighbour Service becomes inaccessible as a result of technical difficulties experienced by Whosyourneighbour or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. For security or other reasons, we may require you to change password or other information which facilitates access to the Whosyourneighbour Service.

8. Misuse of Whosyourneighbour Service

We reserve the right (a) to suspend or terminate any Member's access to the Whosyourneighbour Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Whosyourneighbour Service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Whosyourneighbour Service without our prior consent. You are responsible for everything which is done on or through the Whosyourneighbour Service while your Membership account is logged on to the Whosyourneighbour Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Whosyourneighbour Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the Whosyourneighbour Service. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Whosyourneighbour Service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.

9. Relevance

The Whosyourneighbour Service is intended to be used by its Members for the purposes of social communication. Accordingly, Members must not:
- place material on, or otherwise use, the Whosyourneighbour Service for any business or commercial purpose; or
- use your access to the Whosyourneighbour Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

10. Fees

You acknowledge that we are entitled to charge for access to the Whosyourneighbour Service as and when we decide to make a charge.
We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

11. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Whosyourneighbour Service, nor any activity or communication you make in connection with any Whosyourneighbour Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, unreliable or misleading.

12. Alerting Whosyourneighbour

If you see anything on the Whosyourneighbour Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report a problem" or the "Report Abuse" functions . We do not generally monitor material contributed by Members before it is placed on the Whosyourneighbour Service, and so we are reliant upon users to point out anything which infringes this Agreement.

13. Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the Whosyourneighbour Service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this Agreement, or to bring the Whosyourneighbour Service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Whosyourneighbour Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Whosyourneighbour Service.

14. Disclaimer and Release

Whosyourneighbour has no control over or responsibility for the truth or accuracy of any material available on the Whosyourneighbour Service, whether provided by Members or others.

• If any third party sites are linked to/from the Whosyourneighbour Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise no lesser degree of caution in appraising what you see on the Whosyourneighbour Service than you do offline.
• Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
• Your use of the Whosyourneighbour Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release Whosyourneighbour, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Whosyourneighbour Service and the material included here by Members and other third parties.

15 Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Whosyourneighbour Service (including the material which is contributed by Members) are owned by Whosyourneighbour. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Whosyourneighbour Service, or any of the material which is found on the Whosyourneighbour Service unless properly licensed to do so by us.
By submitting any material to the content to the Whosyourneighbour Service, you:

• are representing that you are fully entitled to do so;
• grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
• authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

16 Excluded loss

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Whosyourneighbour will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

17 Maximum liability

Without limiting the preceding Clause, the aggregate liability of Whosyourneighbour under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the Full Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by you to us under this Agreement during the twelve month period prior to the date when liability arises.

18 Non-excluded Liabilities

Nothing in this Agreement limits Whosyourneighbour’s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

19 Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Whosyourneighbour Service.

20 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. You may not without the written consent of Whosyourneighbour assign or dispose of this Agreement.

21 Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Whosyourneighbour Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

22 Changes to this Agreement

Whosyourneighbour reserves the right to change the Agreement with its Members from time to time, and post the new version on the Whosyourneighbour Service. When we do so, we notify Members of the fact that there are changed terms on the main screen (www.whosyourneighbour.co.uk), and post the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Terms and Conditions until:
- one month after the date when we post the new version.
For the purposes of the above, the Terms and Conditions previous to this Agreement are accessible here .

23 Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

24 Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

25 Keeping this Agreement

We don't separately file the individual Agreements entered into by members when they register for the Whosyourneighbour Service. You can access it at www.whosyourneighbour.co.uk . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

26 Contact

You can contact us by post at 6 Pickard Lane, Silsden, Keighley, Bd20 0JX. Please make sure you include your email address with all correspondence