Cup of Sugar Limited
Terms & Conditions

TERMS & CONDITIONS FOR MEMBERS, NON-MEMBERS AND USERS

IF YOU THINK THAT ANY OF THESE TERMS AND CONDITIONS ARE UNREASONABLE DO NOT AGREE TO THESE TERMS AND CONDITIONS

Welcome to cupofsugar.com, the service for adults to meet each other online (the “Service”) operated by Cup of Sugar Limited (“COS”).

By using the cupofsugar.com website (the “Website”) you agree to be bound by these Terms and Conditions (this “Agreement”), whether or not you register as a member (“Member”).

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by COS from time to time, such modifications to be effective seven (7) days after posting by COS on the Website. COS will use their reasonable endeavours to notify you by email of any change to this Agreement but not otherwise. Further, it is your duty and responsibility to check this Agreement periodically for such amendments. You are deemed to accept such amendments. The date of the last amendment to this Agreement was 03/03/2007.You may receive a copy of this Agreement by emailing us at enquiries@cupofsugar.com, Subject: Terms and Conditions.

Accordingly, if you wish to become a Member and communicate with other Members and make use of the Service, please read this Agreement carefully to ensure that you understand it and then follow the instructions in the registration process.

By completing the online registration procedure, you indicate your acceptance of this Agreement and will have entered into a legally binding contract for the provision of this Service.

1. ELIGIBILITY

   You must be eighteen (18) years or over to register as a Member of COS or use this Website. Membership in this Service is void where prohibited. By using this Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.

2. NON COMMERCIAL USE BY MEMBERS

   The Website and Service are for the personal use of individual Members only and may not be used in connection with or on behalf of any commercial endeavours. Organisations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose.

3. SECURITY

   1. In order to access the Website and Service you will be issued with a username and password. In combination they are unique to you and make up your account with COS (“Account”). You are responsible for ensuring that you maintain the confidentiality of your Account and you must not permit any third party to have access to your Account in order to gain access to the Website or the Service on your behalf. You are fully responsible for the activities that occur under your Account.

   2. You agree to: -

      1. immediately notify COS if you have any reason whatsoever to believe that your Account has become known to someone not authorised to use it and/or if your Account is being, has been, might be or might have been used in an unauthorised way and/or that there is or has been a breach or possible breach of security; and

      2. ensure that you exit from your Account at the end of each session.

   3. You must inform COS of any of the events mentioned in paragraph 3.2.1. above by immediately emailing alerts@cupofsugar.com and by writing to COS at Pinnacle House, 17-25 Hartfield Road, London SW19 3SE.

   4. COS are deemed to have no knowledge, whether actual or constructive, of any unauthorised or prospective or possible unauthorised use of your Account or breach or prospective breach of security until such time as you have informed COS of the same in accordance with paragraph 3.3. above.

   5. To the extent permitted by law, COS will not be liable for any loss or damage arising from your failure to comply with this section.

   6. You agree to indemnify COS in relation to any losses that COS suffer arising in consequence of any unauthorised use of your Account or any breach of security and for which you are howsoever responsible.

   7. To the extent that there is any unauthorised use of your Account your data is not secure and COS are not liable for the consequences thereof.

   8. You agree to notify COS immediately of any changes to the information you provided when registering.

   9. You confirm and warrant that all the information supplied by you when you register is true, complete and accurate in all respects.

   10. For security reasons, COS reserves the right to require you to change your password or other information which facilitates access to the Service.

4. REGISTRATION AND SUBSCRIPTION

   1. Although you may register as a Member of the Service for free, if you wish to communicate with other Members via the Service and use certain other parts of the Service, you must become a subscriber and pay the fees set out in the price list located at www.cupofsugar.com.

   2. This Price list is part of this Agreement. COS can change the subscription fees for the Service at any time but COS will give you 28 days notice of this before it is done. If you are unhappy with any subscription fee changes you may terminate your membership by following the instructions on the Resign Pages in Account Settings, such termination is effective upon receipt by COS of your written or email notice of termination. You may contact COS at the address listed at paragraph 27 below or you may email COS at enquiries@cupofsugar.com.

   3. Our prices are inclusive of VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.

   4. You shall pay all sums due under to COS under this Agreement by the means of the payment specified on the Website and without any set-off, deduction, counterclaim and/or any other withholding of monies. Any applicable banking charges on such payments shall be borne by COS.

   5. Payment shall not be deemed to be made until COS have received cleared funds in respect of the full amount outstanding.

   6. COS may in its absolute discretion refuse to register any Member which applies to be registered on this Website and/or Service.

5. TERM AND TERMINATION

   1. This Agreement will remain in full force and effect while you are a Member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000, you can postpone commencement of the Service until the seven (7) working day cooling-off period has expired. However, if you choose to become a Member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under these regulations.

   2. You may terminate your membership at any time, for any reason, effective upon receipt by COS of your written or email notice of termination. You may contact COS at the address listed at paragraph 27 below or you may email COS at enquiries@cupofsugar.com.

   3. COS may immediately terminate your membership and your access to the Service for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to COS. If COS terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. The terms of this Agreement remain binding after termination. In particular we draw your attention to the sections on Proprietary Rights and Copyright Policy, Contents Posted on the Website, Subscription, Privacy, Disclaimers, Limitation on Liability, Disputes, and Indemnity.

   4. In the event that the termination of your membership in the Service is not as a result of any breach of this Agreement, you will be entitled to a refund of any unused subscription fee only.

6. YOUR USE OF THE SERVICE AND CONTENT POSTED ON THE SITE

   1. You warrant that you have the right to access COS from the network access point and/or terminal or network that you use. COS are not responsible for any damage to any terminal or network caused by such access.

   2. You warrant that all information and data you supply to COS is not misleading in any respect and is true, accurate and complete in all respects. You agree to inform COS immediately if there is any change to such information and data.

   3. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses for Members by electronic or other means for any use inconsistent with a Member’s normal and proper use and in particular for the purpose of any onward transmission to any party and or sending unsolicited email and unauthorised framing or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You agree that any such improper use of the site and or the data you access from the site is a material breach of the terms of this Agreement.

   4. You understand and agree that COS may review and delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgement of COS violate this Agreement or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.

   5. You are solely responsible for the Content that you publish or display (hereinafter “Post”) on the Service, or transmit to other Members.

   6. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to COS an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorise sublicenses of the forgoing.

   7. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. COS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that: -

      • expresses or implies that any statements you make are made or endorsed by COS;

      • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

      • harasses or advocates harassment of another person;

      • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

      • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

      • promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

      • displays pornographic or sexually explicit material of any kind;

      • provides material that exploits people under the age of eighteen (18) in any sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18) or other vulnerable persons;

      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

      • solicits passwords or personally identifying information for commercial or unlawful purposes from other users;

      • engages in commercial activities and/or sales without the prior written consent of COS, such as contests, sweepstakes, barter, advertising, and pyramid schemes; and

      • inaccurately represents your identity, age, or gender.

   8. You must use the Service in a manner consistent with any and all applicable laws and regulations.

   9. You may not include in your Member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URL’s or email addresses.

   10. You may not engage in advertising to, or soliciting of, other Members to buy and sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although COS cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, COS reserve the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which COS deems appropriate in its sole discretion.

   11. You agree not to take any action that imposes an unreasonable or disproportionately large load on COS’s infrastructure. COS reserves the right to establish a limit on the amount of computer storage a Member may use through the Service. However, COS assumes no responsibility for the deletion of or failure of the Service to store transmissions, data or posting.

   12. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned).

   13. You irrevocably appoint us as your agent both during this Agreement and after the termination thereof with full authority to forward data to such regulatory bodies as we deem appropriate if to do so is in the best interests of any person or sector of the public.

7. YOUR PROFILE

   1. You acknowledge that other users and Members will be able to view your profile.

   2. COS may copy and/or reproduce any information posted by you on the Website in any form and in any manner COS wish.

   3. If you post and/or disclose to other users any confidential or sensitive information about yourself then you do so entirely at your own risk.

   4. You will be able to view the details of and profiles of other members

   5. You warrant and represent to COS that all information posted by you: -

      1. is accurate, true, complete and is not misleading; and

      2. will be regularly updated by you so that it remains accurate, true, complete and not misleading.

   6. COS reserve the right to review your profile from time to time and to amend and/or delete it if COS, in their sole discretion, think that it should be amended or deleted.

8. INTELLECTUAL COPYRIGHT

   1. The Service contains information that is proprietary to COS, its Partners and Members. You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

   2. Without limiting the forgoing, if you believe that your work has been copied and posted on the Website and/or the Service in a way that constitutes copyright infringement, please notify COS immediately at enquiries@cupofsugar.com and the matter will be investigated by us. Please note however that you may be required to provide our representatives with the following: -

      • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

      • a description of the copyrighted work that you claim has been infringed;

      • a description of where the material that you claim is infringing the copyrighted work is located on the Website;

      • your address, telephone number, and email address;

      • documentary proof that you are the copyright owner or are authorised to act on the copyright owners behalf;

      • a formal witness statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

      • a formal witness statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

9. MEMBER DISPUTES

   Save that when using the Service on-line you are bound by this Agreement you are solely responsible for your interactions with other COS Members. COS reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. PRIVACY

    1. COS will not sell or rent out your personal information or disclose your email address to any third party without your permission. COS will use industry standard security measures to protect your information, and will undertake to comply with all obligatory privacy and data protection laws regarding your personal information. As such, COS will keep confidential all information supplied by you to COS, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

    2. However, as a Member of the Service, you acknowledge and agree that COS may preserve Content and may also disclose Content: -

       1. to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner;

       2. for the purpose of properly administering your account in accordance with the standard operating procedures of COS or its affiliated companies; and/or

       3. if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or respond to claims that any Content violates the rights of third parties;

       4. to protect the rights, property, or personal safety of COS, its users, Members and the public.

       If COS discloses such Content in the manner indicated above, COS will notify you as soon as lawfully possible of such disclosure at the contact details you provided to COS when registering.

    3. In addition, COS reserves the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any COS related products and services. We also reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

    4. Emails sent between you and other Members that are not readily accessible to the general public will be treated as private by COS to the extent required by the applicable law. Private content may be reviewed by COS if cause has been established for such an action, based on reports or suspicions of violation of terms and conditions of this Agreement.

    5. COS reserve the right to refuse to grant you an ID or nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by COS in their absolute discretion.

    6. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. COS reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent to this paragraph at any time.

    7. COS do not intend that Content or other information you provide or have transmitted to you is interrupted, intercepted or accessed by unauthorised third parties. You accept the entire risk that such Content or other information may be interrupted, intercepted or accessed by unauthorised third parties and used, abused or misused by them. COS hereby excludes to the fullest extent allowed by law all liability whatsoever, whether or not through negligence, for any loss or damage howsoever arising out of any such use, abuse or misuse.

11. COS RESPONSIBILITIES

    1. COS will operate the Website for the Service with the reasonable skill and care of an online service provider.

    2. COS will endeavour to maintain the operation of the Website for the Service. However, COS may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). COS promise to restore the Service as soon as possible after any suspension.

    3. COS reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.

    4. If COS cannot deliver what has been promised in this Agreement because of something beyond the reasonable control of COS (including, without limitation, disputes involving our employees), COS will not be liable for this.

12. EXTERNAL LINKS

    The service may from time to time contain links to other Internet sites and resources. You acknowledge that COS are not responsible for, and have no liability as a result of, the availability of external links or their contents. We suggest that you review the terms of use and privacy statement of such external links prior to use of them.

13. DEALINGS WITH ADVERTISERS AND MERCHANTS

    1. Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Website or the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant.

    2. To the fullest extent permitted by applicable law, you agree that: -

       1. COS shall not be responsible or liable for any loss or damage of any kind as a result of any such dealings or as the result of the presence of such advertisers, and merchants on the Website or the Service; and

       2. any orders placed by you on, and any product specifications and product availability appearing on, the Website or the Service are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.

14. ADDITIONAL SERVICES

    1. COS or its affiliates may offer new or additional services through the COS Website and the 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. Provided that those terms or rules are notified to you on the Website or the Service in an appropriate manner (as determined by COS in their reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

    2. COS or its affiliates may, at their complete discretion, offer Members of the Service the opportunity to participate in group get together events (“Events”) with fellow Members or others guests at predetermined venues. Such venues are subject to change or cancellation at the complete discretion of COS or its affiliates and the Member will be deemed notified of any change or cancellation of a particular venue by the posting of such notice on the Service. Accordingly, if you have signed up and paid to attend an Event, it is important that you check the Service prior to departing for that Event to ensure that the Event has not been changed or cancelled.

    3. The cost (“Cost”) for each Event will be set out in the particular notice to the Members that an Event is to take place.

    4. You will only be entitled to attend an Event once COS have received the Cost for attending the Event in cleared funds.

    5. If a particular Event is cancelled by COS, you will be entitled to a full refund of the Cost paid by you to attend that Event. In all other circumstances, the following cancellations charges will apply: -

       1. if you cancel your booking fourteen (14) days (not including the date of the event or the date of transmission by you of cancellation) prior to the Event in question, you will be entitled to a full refund;

       2. if you cancel your booking between thirteen (13) and seven (7) clear days prior to the Event in question, you will be entitled to a 50% refund;

       3. if you cancel you booking thereafter, you will be entitled to no refund.

    6. Whilst attending such Events, you will be expected to behave in a manner appropriate to the Event being attended and COS reserve the right to exclude any Members or guest whose behaviour, in the sole judgement of COS, falls below this standard, whether due to the effects of alcohol or not, such excluded behaviour to include but not be limited to the following actions: -

       1. obscenity;

       2. illegality; and

       3. any other activities which are offensive and/or pose a risk to other Members or guests attending the Event.

    7. In the event that you are excluded from a particular Event for one of the reasons given in paragraph 14.6 above, you will deemed to be in breach of this Agreement and COS may immediately terminate your membership in accordance with paragraph 5.3 above. Furthermore, COS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision.

    8. In the absence of any negligence or other breach of duty by COS, your attendance at any Event is entirely at your own risk and COS hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage incurred by you or any third party, whether arising in tort, contract, breach of statutory duty or otherwise, and arising out of or in connection with your attendance at any Event.

15. DISCLAIMERS

    1. COS holds no liability for users and Members of the Website or the Service who are in breach of this Agreement.

    2. You agree not to hold COS liable for losses, breach of copyright, defamation damages liabilities and expenses arising from your or other users or Members use of the Website or the Service, infringement of this Agreement, or from any allegation of copyright or other violation of intellectual property.

    3. The Website and the Service are provided on an “as-is” basis. As such, COS cannot guarantee and do not promise any specific results from use of the Website and/or the Service.

    4. Except as set out expressly in this Agreement, COS make no warranties, guarantees, conditions or representations, whether express or implied, arising by statute or common law or otherwise, including but not limited to any implied terms, warranties or conditions regarding the quality or fitness for a particular purpose of the Service except that COS will operate the Website for the Services with reasonable skill and care of an online service provider. As such, all such conditions, warranties or terms are hereby expressly excluded.

    5. COS is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, COS, COS’s partners or any other person or entity. This is to include Content posted on the Website or in connection with the Service by any of the equipment or programming associated with or utilised in the Service. Accordingly, you acknowledge that any reliance upon such Content is at your own risk.

    6. COS make no representation or warranty regarding the opinions and advice provided on the Website and/or the Service and you agree not to hold us liable for any loss or damage whatsoever and howsoever incurred as a result of the opinions or advice obtained from the Website and/or the Service.

    7. COS make no representation or warranty that the information contained in any Member profile is accurate and COS are not under any obligation to verify any information contained in any member profile.

    8. COS is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Accordingly, before acting on any information contained in any profile or any information received by you through your use of the Website or the Service, you should carry out such investigation as you think is necessary to satisfy yourself of the truth and accuracy of such information, if needs be at your own cost and expense.

    9. If you are of the view that any information submitted/posted on the Website and/or Service is not genuine or that a Member’s and/or user’s details are not genuine, you agree to inform COS immediately by: -

       1. emailing alerts@cupofsugar.com; and

       2. by writing to the address listed at paragraph 27 below.

    10. Please use caution and common sense when using the Site and the Service. COS cannot: -

        1. ensure the safety or privacy of information you provide over the Internet and your email messages;

        2. control the use by others of any information which you provide to them;

        3. assume any responsibility for the content of messages sent by other users of the Website and the Service; and

        4. guarantee and assume responsibility for verifying the accuracy of the information provided by other users and Members of the Website and the Service.

        Accordingly, you hereby release COS from any liability in connection with the use of such information by other parties and in connection with the contents of any communications you may receive from other users.

    11. If you arrange any meetings with any person through your use of the Website or the Service then you do so at your own risk and should take such precautions as you deem necessary to ensure your own safety. Without responsibility to you we recommend that before meeting any person through your use of the Website or the Service you inform a friend or colleague of the details of the meeting and provide that person or colleague with a contact number to contact you during the meeting.

    12. COS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, viruses or other harmful components, theft or destruction or unauthorised access to, or alteration of, user or Member communications.

    13. COS is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including damage to a Members or to any other person’s computer, any software stored thereon, or software or hardware linked thereto whether networked or otherwise, resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.

    14. COS does not warrant or guarantee that information provided by a Member or user will be posted on this Website and/or Service. COS hereby exclude to the fullest extent allowed by law all liability whatsoever for any loss or damage howsoever arising whether through COS’s negligence or otherwise, out of a failure to Post information provided by a Member and/or user on their Website and/or Service.

16. LIMITATIONS ON LIABILITY

    1. COS shall have no liability for any defect or error in the Website or the Service caused or contributed by you and/or another user or Member.

    2. COS do not accept liability for defamation or otherwise which may arise from information, Content opinions and advice provided on the Website and/or the Service.

    3. COS do not knowingly publish any defamatory, pornographic, indecent, obscene, vulgar, profane or otherwise unlawful imagery or material on the Website and/or the Service. If you are of the view that any such imagery or material exists on the Website and/or the Service you must inform COS immediately by: -

       1. emailing alerts@cupofsugar.com; and

       2. by writing to the address listed at paragraph 27 below.

       You agree that any breach of this term is a material breach of this Agreement.

    4. COS do not accept any responsibility for any loss or damage caused by any computer virus contracted as a result of visiting this Website and/or Service or any third party website or from receiving emails from COS.

    5. In the absence of any negligence or other breach of duty by COS, your use of the Website and the Service is entirely at your own risk.

    6. COS shall have no liability to you if any monies owed by you have not been paid in full by the due date for payment.

    7. COS shall have no Liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation that they may have against COS.

    8. COS hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by you or any third party, whether arising in tort, contract, breach of statutory duty or otherwise, and arising out of or in connection with your access to or use of or inability to use the Website or the Service.

    9. You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer.

    10. COS’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to 5 times the amount paid, if any, by you to COS for the Service during the term of the membership or the sum of £500.00, whichever is the higher.

    11. COS have no liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunications services or for faults in or failures of their networks and equipment. If a fault occurs, you should report it to COS by: -

        1. emailing enquiries@cupofsugar.com; and

        2. by writing to the address listed at paragraph 27 below.

    12. Nothing in this Agreement shall exclude or limit the liability of COS for death or personal injury arising out of negligence, or any liability which is due to fraud on the part of COS, or any other liability which COS is not permitted to exclude or limit as a matter of law.

    13. Nothing in this Agreement shall exclude or limit any of your statutory rights which may not be limited or excluded due to you acting as a consumer.

    14. COS shall have no liability to you for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside the reasonable control of COS including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

17. MODIFICATIONS TO THIS AGREEMENT

    COS may alter or amend these Terms and Conditions upon giving you reasonable notice in advance of such amendment taking effect. If upon receiving such notice you do not wish to continue with the Service, you may terminate this Agreement, such termination to be effective upon receipt by COS of your written or email notice of termination. You may contact COS at the address listed at paragraph 27 below or you may email COS at enquiries@cupofsugar.com. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.

18. RELEASE

    In the event that you have a claim or action against any Member or user of the Website, any partner of COS, or any other person or entity arising from use of the COS Website or Service, you agree to pursue such claim or action independently of and without any demands on COS, and you release COS from all claims, liability and damages, arising from or in any way connected to the claim or action.

19. INDEMNITY

    In the event that a claim or action is brought against COS, its subsidiaries, affiliates, officers, agents and other partners and employees from your activities or use of the Website or the Service in violation of this Agreement and/or any breach by you of this Agreement and/or any breach of your representations or warranties set forth above and/or any charges or complaints made by other parties against you, you agree to indemnify, hold harmless and defend COS, its subsidiaries, affiliates, officers, agents and other partners and employees in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow COS to assume the exclusive defence and control of the matter.

20. DATA PROTECTION

    Subject to the provisions of the Act, qualifying persons may request details COS hold about you under the Data Protection Act by either emailing COS at enquiries@cupofsugar.com or writing to COS at the address shown at paragraph 27 below. If you think that any information COS hold about you is incorrect or incomplete you should contact COS as indicated above in order that the incorrect or incomplete information can be corrected as soon as possible.

21. ENTIRE AGREEMENT

    This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and COS regarding the use of the Website and/or the Service. If any provision(s) of this Agreement are held to be invalid in a court of law, they (or the relevant part(s)) shall be removed from this Agreement and the remainder of this Agreement shall continue in full force and effect. Furthermore, any rights not expressed in this Agreement are reserved.

22. THIRD PARTY RIGHTS

    The Contract (Rights of Third Parties) Act 1999 does not apply in relation to this Agreement, or any agreement, arrangement, understanding, liability or obligation under or in connection with this Agreement.

23. ASSIGNMENT

    1. You do not have the right to assign this Agreement or any of your rights to the Service to anyone.

    2. COS has the right to assign any or all of its rights and duties under this Agreement to any third party. At the election of COS, if COS’s obligations hereunder are assumed by a third party, COS shall be relieved of any and all liability under this Agreement.

24. APPLICABLE LAW AND JURISDICTION

    This Agreement shall be governed by and construed in accordance with English law. Any lawsuits or disputes relating to this Agreement will be taken exclusively under England jurisdiction, independently of the jurisdiction of the parties who are lodging the claim. Users of this Website or Service from locations other than England and Wales are solely responsible for compliance with the laws which apply to those locations.

25. DISPUTE RESOLUTION

    In the event of any dispute between the parties, the parties hereby agree that such dispute should first be subject to mediation. However, if both parties are unable reach a compromise in this manner, the parties will then be free to conduct litigation in the Courts of England.

26. GENERAL

    1. No waiver by COS of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision;

    2. You agree that this Agreement is reasonable and satisfies the test of reasonableness under English Law. If you think that any part of this Agreement is unreasonable do not agree to this Agreement. If you wish to use the Website and/or Service you must in those circumstances contact COS at either the address listed at paragraph 27 below or by emailing COS at enquiries@cupofsugar.com before registering, stating which terms you think are unreasonable and any amendments you require and COS will consider your proposals; and

    3. All warranties and assurances given by Members and/or users and all obligations imposed upon Members and/or users and all agreements expressed by Members and/or users in this Agreement are deemed to be continuing.

27. CONTACT INFORMATION

    The Website and the Service is operated by Cup Of Sugar Limited, a company registered under the laws of England, whose registered office is Pinnacle House, 17-25 Hartfield Road, London SW19 3SE.

If you have any questions about the rights and restrictions above, please contact COS at enquiries@cupofsugar.com.