Terms of Website Use

Effective date: 18th January 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

These terms of use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website https://makeitsocial.com/ and its subdomains (“site”), whether as a guest or a registered user. Registered users of our site are “group members” or “business users”. Unregistered users are “guests”. These terms of use apply to both guests and registered users. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site and clicking the link to these terms, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

  1. Other Applicable Terms

    These terms of use refer to the following additional terms, which also apply to your use of our site. Our privacy policy sets out the terms on which we process any personal data we collect from you, or that you provide to us or make available on our site. By using our site, you consent to that processing and you confirm that all data provided by you is accurate.

  2. Information About Us

    https://makeitsocial.com/ is a site operated by Make it Social Ltd. We are a limited company registered in Scotland under company number SC416721 and have our registered office at Norton House, North Deeside Road, Kincardine O’Neil, AB34 5AA. Our main trading address is Codebase - Argyle House, 3 Lady Lawson Street, Edinburgh, EH3 9DR. Our VAT number is GB176417980 ("We).

    We are a social booking service provider and have developed a social booking system and application which allows you to arrange social bookings for events, products and services with your friends. We are not a provider of, or responsible for, the events, products or services which may be available via our site (“third party events”). All third party events are provided by independent third parties and are subject to the terms and conditions, terms of use and privacy policies imposed by those third parties.

  3. Changes to These Terms

    We may revise these terms of use at any time by amending this page.

    Please check this page from time to time to take notice of any changes we made, as they are binding on you.

  4. Changes to Our Site

    We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

    We do not guarantee that our site, or any content on it, will be free from errors, interruptions or omissions.

  5. Accessing Our Site

    Our site is made available free of charge.

    We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

    You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. You may only use the site in compliance with applicable laws and for legitimate purposes.

  6. You Account and Password

    If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    We have the right to disable any user identification code, password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@makeitsocial.com.

  7. Intellectual Property Rights

    With the exception of content submitted to the site by you, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

    You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

    You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

    If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  8. No Reliance on Information

    The content on our site is provided for general information only and it is not intended to address your particular requirements. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

    Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

    The information on our site is not targeted at the general public of any particular country. It is not intended for distribution to residents in any country where such distribution or use would contravene any local law or regulatory requirement.

    Any analysis, opinion, commentary or research-based material on our site is for information purposes only and is not, in any circumstances, intended to be an offer, recommendation or solicitation to buy or sell. No representation or warranty is made, express or implied, that the materials on our site are complete or accurate. We are not under any obligation to update any such material.

    Although we endeavour to ensure that any content displayed on or via the site which has been provided by a third party event provider is up to date and accurate, we cannot guarantee the reliability or accuracy of such content and to the extent permitted by law, we make no representations and do not warrant to you that such content:

    1. is accurate, complete or up to date;
    2. will always be available;
    3. will meet your expectations; or
    4. will be free from errors, faults or defects.

  9. Limitation of Our Liability

    Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

    We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our site;
    • use of or reliance on any content displayed on our site; or
    • any actions taken in response to breaches of our acceptable use provisions.

    If you are a business user, please note that in particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

    If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use the site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We are not responsible if you cannot use the site properly or at all because of any event outside our control, such as, the performance of your internet service provider, browser or internet.

    We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

    We facilitate your social booking but are not responsible and have no liability to you in respect of the bookings that you make with the third party event provider. The identity of the relevant third party event provider and the terms and conditions applicable to your booking with will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking as the terms will set out what rights you have against the third party event provider and will explain their liability to you in the event of anything going wrong.

  10. Uploading Content to Our Site

    Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the acceptable use provisions set out below.

    You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for, and make good, any loss or damage we suffer as a result of your breach of warranty.

    Except for information that identifies you personally (which you agree we may access, store and use in accordance with the terms of our privacy policy), any material or content which you upload or submit to our site will be considered non-confidential and non-proprietary.

    You retain all of your ownership rights in your content and personal information, but you are required to grant us and other users of the site a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to access, use, store, reproduce, publish, prepare derivative works of, display, modify, process, perform and copy that information and content and to distribute and make it available to third parties. When you upload content, you confirm that you created the content and own (and will continue to own) the rights in everything you submit or have obtained (and will continue to have) permission from the rights owner to submit the material and are able to grant the licence above.

    We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

    You understand and agree that you are solely responsible for your own content and the consequences of posting or publishing it. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

    We are not obligated to publish any information or content on our site and we have the right to remove any material submitted by you and/or posting you make on our site if, in our opinion, your post does not comply with the content standards set out below.

    The views expressed by other users on our site do not represent our views or values and we do not endorse any content or any opinion, recommendation or advice expressed therein.

    You are solely responsible for securing and backing up your content.

  11. Acceptable Use Provisions

    Prohibited Uses

    You may use our site only for lawful purposes. You may not use our site:

    • In any way that breaches any applicable local, national or international law or regulation.
    • In any way that is illegal, improper, unlawful or fraudulent or has an illegal, improper, unlawful or fraudulent purpose or effect.
    • In any way that infringes or violates any copyright, database right, trade mark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.
    • For the purpose of harming or attempting to harm minors in any way.
    • For the purpose of transactions involving narcotics, steroids, certain controlled substances, drug paraphernalia or other products that present a risk to consumer safety.
    • For the purpose of promoting:
      1. discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
      2. sexually explicit or orientated material or services or material which is obscene, offensive, hateful or inflammatory.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • To knowingly transmit any data, send or upload any material that contains or introduces viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or other material which is malicious or technologically harmful.

    You also agree:

    • Not to attempt to gain unauthorised access to, interfere with, damage or disrupt: any part of our site;
      • any equipment or network on which our site is stored;
      • any software used in the provision of our site; or
      • any equipment, network, software or database owned or used by any third party which is connected to our site.
    • Not to attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

    Interactive Services

    We may from time to time provide interactive services on our site, including, without limitation, blogs and developer knowledgebase forums (interactive services). The interactive service will allow you to participate in comment sections and other interactive areas of the site and if you use any of our interactive services, your use is subject to these terms and any comment moderation policy or guidelines that we may notify to you from time to time.

    We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

    Where we do moderate an interactive service (including whether it is human or technical moderation), we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

    Content Standards

    These content standards apply to any and all material and content which you contribute, upload to, post, share or transmit to our site (contributions).

    You must comply with (and you agree that all content and contributions that you make shall comply with) the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

    Contributions must:

    • Be accurate (where they state facts).
    • Be genuinely held (where they state opinions).
    • Comply with applicable law in the UK and in any country from which they are posted.

    Contributions must not:

    • Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful, inflammatory or otherwise objectionable.
    • Promote sexually explicit material or violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any copyright, database right or trade mark of any other person. This means that generally you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material.
    • Contain any material which is false, misleading or likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal activity or be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or distress.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they emanate from us, if this is not the case.
    • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
    • Support pyramid schemes or other similar schemes or relate to transactions that support pyramid schemes or other similar schemes.

    Suspension and Termination

    We will determine, in our discretion, whether there has been a breach of these acceptable use provisions through your use of our site. On becoming aware of any potential breach of these terms or where a breach of these terms of use has occurred, we may take such action as we deem appropriate.

    Failure to comply constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

    • Immediate, temporary or permanent withdrawal of your right to use our site.
    • Immediate, temporary or permanent removal of any content, contribution or other posting or material uploaded by you to our site.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs resulting from the breach.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    The responses described above are not limited and we may take any other action we reasonably deem appropriate.

  12. Viruses

    We do not guarantee that our site will be secure or free from bugs or viruses.

    You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

  13. Linking to Our Site

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link to our site in any website that is not owned by you.

    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

    The website in which you are linking must comply in all respects with our content standards.

    If you wish to make any use of content on our site other than that set out above, please contact support@makeitsocial.com.

    We reserve the right to withdraw linking permission without notice.

  14. Third Party Links and Resources in Our Site

    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Third party content includes, for example, material posted by other users of our site, links to our third party partner’s websites, or display advertising. You are responsible for deciding if you want to access or use third party sites which will have their own legal terms and privacy policies, and by using those sites, you may be giving others permission to use your information in ways we would not.

    We have no control over the contents of those sites or resources. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. Except to the limited extent it may be required by applicable law, we will not be liable for any loss or damage that may arise from your use of them.

  15. Applicable Law

    Please note that these terms of use, their subject matter and formation, are governed by Scots law. You and we both agree that the Scottish courts will have non-exclusive jurisdiction. However, if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a consumer and resident of England, you may also bring proceedings in England.

  16. Trade Marks

    “Make It Social" (word mark) and “Make it Social" (graphic representation) are UK registered trade marks of Make it Social Ltd.

  17. Contact Us

    To contact us, please email support@makeitsocial.com. Thank you for visiting our site.

  18. Social Pay

    Should you choose to use MiS Social Pay as your payment gateway, in addition to this Agreement, you also agree to the terms and conditions set out by our payment partner which can be found at https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf.