TERMS AND CONDITIONS FOR GOMUNKEE LTD
These Terms and Conditions govern your use of www.gomunkee.com, as provided by GoMunkee Ltd and its associated services. These services are owned and operated by GoMunkee Ltd, and its subsidiaries, affiliates, divisions and related companies. We may amend or add to these Terms and Conditions without notice to you, so please check them periodically.
Your use of the Web Service constitutes your binding acceptance of these Terms and Conditions, including any changes or modifications made by GoMunkee Ltd as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the web service.
GoMunkee Ltd is a limited company registered in England & Wales, company number: 09365687, our registered address is: RIFT House, 200 Eureka Park, Upper Pemberton, Ashford, Kent TN25 4AZ.
When you register your details, and details on behalf of children under 16 years of age, you are stating that you are over 18 years of age. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete. You must keep the password which you use to access www.gomunkee.com confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password.
On registering, you can agree to receive regular GoMunkee newsletters by email. You can also sign up to receive the newsletters by email without registering. You can unsubscribe from the email newsletters at any time.
Use of Content / Intellectual property
All copyright, trademarks (registered and unregistered) and other intellectual property rights of whatsoever nature arising from all materials, content and information on this site, including the site’s design, layout and organisation, are owned or licensed by GoMunkee Ltd. We reserve all copyright and any intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services.
Except where stated, none of the material may be copied, scraped, modified, published, reproduced, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of GoMunkee Ltd. You are not permitted in any way to exploit any of the content, in part or in whole, except as expressly permitted in this agreement. Content consisting of downloadable software or media may not be reverse-engineered unless specifically authorized by the owner of the software’s patent and/or copyright. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights and will issue a DMCA Takedown Notice.
GoMunkee’s web app contains information, software, photographs, audio and video clips, graphics, links and other material, protected by copyright, trademark and other proprietary rights of GoMunkee and its licensors, including but not limited to product names, logos, designs, titles, photographic images, words or phrases which may be found in the content. You agree to comply with any additional copyright notices, information or restrictions contained in any content available or accessed through GoMunkee. Users of GoMunkee may use the content only for their personal, non-commercial use. Users of GoMunkee wishing to use the content for commercial purposes must obtain prior express written permission from GoMunkee Ltd.
Permission is granted to access, download or print such material for your personal, non-commercial use only and is subject to these terms and conditions.
GoMunkee Ltd reserves the right in its absolute discretion at any time to edit, alter, delete or move any material, such as listings or comments. GoMunkee Ltd will not enter into any discussions about its decision to edit, alter, delete or move such material.
GoMunkee Ltd reserves the right to share material, such as the content of listings and comments with other organisations which may also publish the material.
GoMunkee reserves the right to email you from time to time if you have indicated that you are the owner/organiser of the business, group, activity or event.
Organisers of events, activities and attractions are permitted to insert ticket URLs which link directly to their event, activity or attraction. Organisers are NOT permitted to add their own or other organisation’s affiliate links on GoMunkee’s web app.
If affiliate links are available, GoMunkee reserves the right to remove and replace the ticket URL for an event, activity or attraction and link to an affiliate URL.
You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and other matters which we need to provide the Services.
If you do not comply with the clause above, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Images in Listings
The owner/organiser of the business, group, activity or event may submit only his/her own original images and agree and confirm that this will not infringe the copyright or any other rights of any third party. Photographic images should be of sufficient quality to publish.
GoMunkee Ltd reserves the right to edit any photo. If your photo contains what appears to be illegal conduct, GoMunkee may notify law enforcement authorities. GoMunkee reserves the right to remove whole listings and images with immediate effect.
GoMunkee has obtained licenses, permissions or is using Creative Commons for all pictures making up the web app, with the exception of images provided by organisers for the individual listings. Event and activity organisers confirm that they hold rights and copyright or are using Creative Commons on all images they upload to GoMunkee.
Rules of Conduct
GoMunkee Ltd forbids the use of the web service in any attempts to circumvent security measures, including but not limited to accessing data not intended for public access, logging into a server or account not expressly authorised for access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. Individuals may not scrape data, attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing or other deliberate attempts to overload or crash the GoMunkee web service.
GoMunkee’s web service must not be used to attempt to transmit spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages.
For the purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages. Further, GoMunkee will only process data under the justified Legal Bases specified within the General Data Protection Regulations.
Advert booking conditions
Although GoMunkee is a free to use/list service, some of our advertising slots incur a charge. Prices and terms of paid advertising are clearly disclosed prior to booking paid advertising space. Advert fees are non-refundable. All adverts are paid for at time of booking. Prices may change, and we may not give notice. GoMunkee Ltd and its agents reserve the right to email you if you have indicated that you are the owner/organiser of the business, group, event or activity.
From time GoMunkee produces promotional leaflets which are displayed in public places or dropped to residential households. Booking is not confirmed until payment has been received. Late delivery of artwork cannot be considered a reason for cancellation or refunds. GoMunkee offers a 100% guaranteed refund should the project not move forward.
GoMunkee Ltd does not represent or endorse the accuracy or reliability of content posted on www.gomunkee.com, and users acknowledge that any reliance on such content shall be at your sole risk. Gomunkee.com contains links to other sites on the Internet, which are owned and operated by third-parties. Users acknowledge that GoMunkee Ltd is not responsible for the availability of, or the content located on or through any external site. Users should contact the site administrator or webmaster for those external sites if they have any concerns regarding such links or the accuracy of content located on external sites.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause. Users agree to indemnify, defend and hold GoMunkee Ltd and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any party in connection with any use or alleged use of the web service under users’ online fingerprint by any person, whether or not authorised by individual users. GoMunkee Ltd reserves the right, at users’ expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and in such case, users agree to cooperate with GoMunkee’s defence of such a claim.
We are not liable (whether caused by our employees, agents or otherwise) in connection with out provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. Any indirect, special or consequential loss, damage, costs, or expenses or;
b. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or any third-party claims; or
c. Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any causes that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried 0ut under these Terms and Conditions.
GoMunkee reserves the right, in its sole discretion, to restrict, suspend or terminate individual users’ access to all or any part of the webservice at any time for any reason without prior notice or liability. GoMunkee may change, suspend or discontinue all or any aspect of the web service at any time, including the availability of any feature, database, or content without prior notice or liability.
Disclaimer of Warranties; Limitation of Liability
Neither GoMunkee Ltd nor any provider of third-party content or their respective agents warrants that the Web Service will be uninterrupted or error free; nor does GoMunkee Ltd, any third-party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Web Service or the Content. The Web Service and the Content are distributed on an ‘as is, as available’ basis.
Neither GoMunkee Ltd, third-party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Web Service, any Content or any products or services sold through the Web Service.
Neither GoMunkee Ltd nor any third-party Content provider warrants that any files available for downloading through the Web Service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
Neither GoMunkee Ltd nor any third-party Content provider or their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
Some countries do not allow exclusion or implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such countries, the liability of GoMunkee Ltd, third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. It supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk)
GoMunkee Ltd Registered in England and Wales 09365687
RIFT House, 200 Eureka Park, Upper Pemberton, Ashford, Kent TN25 4AZ