Effective Date: 25 May 2018
1.1 This website is owned and operated by Winchester Consultancy Limited. Our company information is at the end of this document.
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) “Content” - all information of whatever kind (including profile, images,
photos, videos, posts, messages etc), published, stored or sent on or in
connection with our Service.
b) “Member” – a registered user of our Service (whether or not a subscriber).
c) “Service” – our website, the services we offer by means of our website and any related software and services.
d) “User” – any registered or unregistered user of Service.
3. Applicability of terms and conditions
3.1 Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service you agree to be bound by these terms and conditions. These terms and conditions are available in the English language only.
4. Changes to the terms and conditions
4.1 We may change these terms and conditions by posting the new version on our website. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4.2 If you have a subscription and you don’t agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can end your subscription by giving us notice using this form. If so, we will refund any advance payments referable to the period after your termination.
5. Forming a contract with us
5.1 By registering on our Service, you offer to enter a legal contract with us for membership of our Service. A legally binding contract is formed if we accept you as a member of the service. (This is in our discretion – see below). Note that any subscriptions you take out are part of this contract and subject to the then-current version of these terms and conditions.
6. Right to cancel (“cooling off”)
6.1 If you live in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below.
Right to cancel
6.2 You have the right to cancel this contract within 14 days without giving any reason.
6.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
6.4 To exercise the right to cancel, you must inform us using this contact form.
6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
6.6 If you cancel this contract, we will reimburse to you all payments received from you.
6.7 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
6.8 We will make the reimbursement using the same means of payment as you used for the initial transaction (if feasible), unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.9 If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
7. Your right to use our Service
7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
8. Who can use our Service?
8.1 You must not use, or attempt to register on, our Service if:
a) you are below 18 years of age;
b) display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country); or
c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty. Any breach of this clause is a serious breach of this agreement.
8.2 We are a private membership Service. Access is only with our permission. We may for any reason decline to accept anyone as a Member.
9. Acceptable use of our Service
You agree that you will not in connection with the Service:
a) engage in any activity that breaks the law
b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
* is unlawful (including depicting or suggesting unlawful acts), defamatory, threatening, harassing, invasive of privacy, racist, hateful, discriminatory, misleading, abusive or deceptive;
* infringes any intellectual property or other rights of others;
* involves phishing or scamming or similar; or
* we otherwise reasonably consider to be inappropriate;
c) impersonate any person or entity in order to mislead others;
d) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
e) sell access to the Service;
f) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
g) sell advertising, sponsorship or promotions on or in connection with Content;
h) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
i) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
j) do anything which may negatively affect other Users’ enjoyment of the Service;
k) gain unauthorised access to any part of the Service or equipment used to provide the Service;
l) use our Service to provide, or with the intention of providing or offering any Commercial service (without our explicit written consent)
m) use any automated means to interact with our systems excluding public search engines; or
n) attempt, encourage or assist any of the above.
9.2 You must comply with any rules or requirements on our website.
9.3 You must promptly comply with any reasonable request or instruction by us in connection with the Service including in connection with age or other verification steps.
10. Your Content
10.1 You are responsible for your Content.
10.2 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
10.3 You must ensure that your profile and any other Content is and remains complete, accurate and is not misleading in any way and that you will update it so that it remains so.
10.4 You must not under any circumstances publish or send any Content which:
a) involves an image of any person under 18 (or any higher applicable age of consent in countries outside the UK); or
b) enables any person under 18 to be identified or contacted (eg name, address, email etc).
10.5 In the case of those over 18 (or higher applicable age of consent), you must not publish or send any Content (including images) which enables those persons to be identified unless you have obtained their explicit written consent to the image / information being provided as well as to our privacy and cookies policy.
10.6 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or if you haven’t complied with our request to provide detailed consent / age ID for anyone shown in your Content (see further below) or that such steps are necessary to protect us or others, or that a criminal act has been committed, or where required by law or where requested by the police or other appropriate authorities.
10.7 It is your responsibility to decide which Content to publish or send (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Do not send or publish any Content if you are concerned that it may be misused.
10.8 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
10.9 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
10.10 We may irretrievably delete all of your Content if this contract ends. You should make a backup of any Content that you wish to keep.
10.11 Any Content that you publish must be only for the purposes of meeting or interacting with other Members and must not be published through our platform for any other reason.
10.12 You must not send or publish Content depicting anyone else unless you first:
a) ensure they are aware of your Fabguys username and that they give you their specific written and signed consent to being included in the Content as well as to that Content being shown publicly on Fabguys and potentially downloaded by other Users; and
b) verify that they are adults 18+ by getting and keeping a copy of their age ID.
You agree to carefully store their signed consent and age ID documents and that you will provide these immediately if we ask for them.
11. Other Users and their Content
11.1 We may in our discretion carry out User verification steps but we do not guarantee to do so. Even if we do so, such steps are not foolproof. We do not endorse or recommend any Users or their profiles or other Content, even if the User or Content is shown as verified (whether by us or other Users). You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
11.2 You acknowledge that in using the Service you may be exposed to inappropriate Content or behaviour. If so, please contact us by clicking on the “Report Profile” link adjacent to the relevant profile. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.
11.3 When arranging to meet others through our Service, you must take appropriate precautions and follow any safety guidelines on our Service. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
12. Third party services / advertising / websites
12.1 We may display third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
13.1 If we ourselves provide any guidance or other general information on our Service, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.
14. Your account
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
15.1 While parts of our Service are available to Users free of charge, certain features are available only to Users who upgrade. Upgrades can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance. The prices shown on our website include any applicable VAT unless we say otherwise.
16. Functioning of our Service
16.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service. If the service is interrupted, and you have Upgraded, we will extend your pass by at least the duration of any interruption.
17. Ending, suspending or restricting this contract
17.1 You may at any time end this contract (i.e. stop being a Member”) by deleting your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund unless you have “cooling off” rights, explained above.)
17.2 We are entitled at any time to end this contract at any time for any reason, whether with or without notice. If so, we will refund in full any fees already paid which relate to the period after termination.
17.3 We are entitled at any time end this contract whether with or without notice and without refund if we terminate our Service as a whole.
17.4 We are entitled at any time (with or without notice) to end this contract or suspend
part or all of our Service or impose temporary or permanent restrictions (see below)
a) you have not complied with any verification requirements;
b) any message you send triggers our automated spam filters;
c) we have reason to believe that you have breached our terms and conditions;
d) any fees due to us are unpaid / unjustifiably charged back;
e) we think that it is necessary to protect us or others; or
f) we are required to do so by law or appropriate authority.
g) we believe that this action is in the best interests of the community
If we end the contract, we will refund subscription payments relating to the period after termination provided that you send a letter to our registered office (see below) requesting a refund. There will be no refund for the period of any suspension or restriction. The restrictions above include: preventing you from accessing public postings such as forums, chat and club reviews and from making public posts.
17.5 If this contract ends: Your right to use our Service and all licences are terminated. We are entitled to delete all of your Content. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination / suspension / restriction (until any suspension / restriction is lifted).
18.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
18.2 Very important: We shall not be liable for any loss or damage caused by us or our
employees or agents in circumstances where:
a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.
18.3 Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
19. Intellectual property rights
19.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.
19.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
19.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
20.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
21. Events outside our control
21.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
22.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
23. English law
23.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/.
24.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us or by Private Mail through the site.
Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
25.1 If you have any complaints, please contact us via this form.
26. Company information
26.1 Company name: Winchester Consultancy Limited
26.2 Country of incorporation: England and Wales.
26.3 Registered number: 04482417
26.4 Registered office and contact address: Winchester Consultancy Ltd, 4 Old Park Lane, London, W1K 1QW
26.5 Please contact us using this form.
26.6 VAT number: 830 6285 37