1. Introduction
1.1 Welcome to Xplortiv (http://xplortiv.co.uk) (the “Website“) and its associated services are operated by Techadwiser Ltd (Company No.09124153) (“Techadwiser” or “we” or “us“). These terms (“Terms of Service“) govern your use of the Website and its associated services.
1.2 The Website is an online platform where people and organizations can connect, book or know about the events near them.
1.3 Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.
1.4 You acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the Website.
1.5 These Terms of Service may change or be updated from time to time. Xplortiv will post updates to the Terms of Service on the Website from time to time. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the Website and its associated services from the date we post the revised version on the Website.
2 Terms for All Users
Use of the Website
2.1 You must register with Xplortiv and create a User account in order to access, or to use certain other aspects of the Website. You can register by completing a registration form or by logging in via Facebook on the Website or one may automatically be created for you when using certain functions of the Website.
2.2 You must be 18 years or older to register with Xplortiv and to use the Website and its associated service.
2.3 You must provide accurate, complete, and current information when you register with Xplortiv and must keep this up to date. Failure to do so constitutes a breach of these Terms of Service and, in serious cases, may result in immediate termination of your account.
2.4 You must give your real name on the Website. You must not use any name or term that:
1. a) Is the name of another person, with the intent to impersonate that person;
2. b) Is subject to any rights of another person, without appropriate authorization;
or
3. c) Is otherwise offensive, vulgar, or obscene.
2.5 It is your responsibility to ensure the safety and security of your Xplortiv User account. You must not tell anyone the password to your User account or allow any other person to access it. You must take care not to leave your password and User account details where someone else could find them.
2.6 You are responsible for all activity that occurs under your User account. You must immediately notify Xplortiv of any unauthorized use of your account or password, or other known account-related security breach.
2.7 A Venture may have more than one registered User, but only one User may create, run and edit each page. Ventures must not allow their members, employees or other persons linked to the Venture to share login details.
2.8 Xplortiv reserves in its sole discretion the right, at any time and without notice:
(a) Cancel, reject, or suspend a User account;
(b) Cancel or reverse a payment made to a merchant; and
(c) Remove, edit, or modify any Content, including, but not limited to, any User submission, for non-compliance with these Terms of Service, and in cases where Xplortiv suspects fraud or error, or for any other good reason.
2.9 Xplortiv also reserves the right to reverse a payment made to a Social Project including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the payment is processed, including without limitation in the case of a charge back as contemplated by clause 3.13. Any fees will be deducted from the original amount of your payment prior to us issuing any refund to your account.
Your Conduct, Representations and warranties
2.10 You personally represent and warrant to Xplortiv that:
(a) You are least 18 years of age
Disclaimers and Limitation of Liability
2.11 If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights Act 2015“) , which cannot be excluded or limited by Xplortiv. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms of Service is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights:
(a) Xplortiv excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms of Service; and
(b) Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.
2.12 If your Consumer Rights prevent Xplortiv from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 4.30 in relation to the services offered on the Website, to the extent to which Xplortiv is entitled to do so and despite any other provision in these Terms of Service, Xplortiv limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at Xplortiv’s option:
(a) the supply of the affected services again; or
(b) the payment of the cost of having the affected services supplied again.
2.13 To the fullest extent permitted by law and subject to clause 4.29, Xplortiv excludes all liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:
(a) your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability;
(c) Xplortiv’s exercise of its rights under clause 4.8; and
2.14 Neither you nor Xplortiv will be liable for any delay in performing or failure to perform any of our obligations under these Terms of Service if that delay or failure is due to an Intervening Event. A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.
Privacy
2.15 Xplortiv takes your privacy very seriously. All your Content and your personal information is held in accordance with the Xplortiv Privacy Policy www.xplortiv.co.uk/privacy. Please review this document carefully to ensure you understand it before accepting these Terms of Service.
HOW YOUR INFORMATION IS USED
We use information that we collect about you or that you provide to us, including but not limited to any Personal Information to:
• Provide you with information and Products & Products & Services offered on our Website.
• Perform any data analysis necessary to perform our Website, including administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes.
• Manage your access to our Website or Services.
• Send you information that allows you to use our Website or Services.
• Provide you with any other information, products and Products & Products & Services from us or our partners including advertisers.
• Notify you when an update is available, and of changes to any products, Website or Products & Products & Services that we offer or provide through the update.
• Estimate our audience size and usage patterns.
• Fulfill any other purpose for which you provide.
• Store information about your preferences.
• Allow us to customize our Website and Products & Products & Services according to your individual interests.
• Speed up our Website or Services.
• Recognize you when you use our Website or Services.
• Comply with applicable laws and regulations and other legal requirements.
• Maintain the security of our Website and Services.
HOW YOUR INFORMATION IS SHARED
We will not sell or share your information, including Personal Information, with third parties for the third party’s own direct marketing purposes.
We may share your information, including Personal Information, with our vendors, service providers and agents to the extent reasonably necessary to provide you with the Website. For example, we use a third-party platform for email and cannot communicate with you without disclosing your email address to our third-party email provider. These third parties use any information we share only to support us and our efforts to provide you with our Website or Services.
We may share your information, including Personal Information:
• To provide our Website or Services;
• With our affiliates and partners to offer you additional services;
• With service providers and contractors to the extent reasonably necessary to enable us to provide you with our Website or Services;
• During an acquisition or transfer of a majority of the assets of Nonprofit Easy;
• To comply with any court order, law or legal process, including to respond to any government or regulatory request;
• To enforce our rights arising from any contracts entered into between you and us;
• If we believe disclosure is reasonably necessary or appropriate to protect the rights, property, or safety of Non Profit Easy, our customers or others;
• You, upon your request; and
• To fulfill the purpose for which you provide it.
We may share non-Personal Information, aggregate or anonymous data with analytics, search engine or other service providers that help us improve our Website or Services.
Third Party Sites
2.16 The Website may contain links to third party websites, and third party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with, Xplortiv. When accessing
Changes to the Website and these Terms of Service
2.17 Xplortiv reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. Xplortiv does not guarantee that any content, including your Content, will be available through the Website at all or specific times.
Governing Law
2.18 These Terms and Conditions are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions
Interpretation
Content means all content submitted by you and made available through the Website including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.