Fishing For Carp - Terms of Use

Terms of Use

These Terms and Conditions sets out the legal relationship between you and us. By using our Website in any way, or by availing our service of finding the details about fishing venues, tackle shops etc in addition to viewing the Content, you agree to be bound by these terms.

No person under the age of 18 years may avail our Service. We look forward to seeing you again when you are over 18.

The terms and conditions

1. Definitions

These definitions apply unless the context requires a different interpretation:

"Content" means information in any form (including but not limited to text details, photographs, graphics, sound and video etc) forwarded by you or any Member or any third party for the purpose of Posting on the Website.

"Intellectual Property" means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trade, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions;

"Member(s)" means any person whose registration or membership has been accepted by us and is valid or enforce for the time being.

"Post" means display, exhibit, publish, distribute, transmit or disclose the Content on or in connection with the Service on the Website by us, and the phrases "Posted" and "Posting" shall be constructed accordingly;

"Service" means the service of providing information about the fishing venues, tackle shops etc in addition to the facility of Posting as per the terms of this agreement;

"We, us, our" means Fishing For Carp, owned by Edible Labs and having its postal address as PO Box 197, Heathfield, TN21 1BF;

"Website" means our website and includes the entire computing hardware and software installation that is or supports our Website;

"You, your, yourself" means visitor to the Website / our member or customer.

2. Our Contract with You

2.1 These terms and conditions apply:

2.1.1 so far as the context allows, to you as a visitor to the Website; and

2.1.2 in any event to you as a Member or prospective Member of our Website to avail the Service.

2.2 The scope of these terms and conditions are to govern the legal relationship between you and us as arising out of paragraph 2.1.

2.3 The Content in the Website is for general information purposes only. We endeavour to keep the information up-to-date and correct but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information about goods, services, or related graphics contained in the Website for any purpose. Your membership with us is not a guarantee to get the desired information without any interruption.

2.4 All descriptions and appearance over the Website are those of the Members or our associates and you may not rely on their accuracy. Accordingly, any such description shall not form part of these terms and conditions.

2.5 We reserve the right to vary these terms and conditions at any time. If so, the updated version will be posted on the Website and we will notify you by e-mail. You will be deemed to have accepted the updated version if you continue to use the Service beyond 3 days after such mail.

2.6 We reserve the right, at our sole discretion to:

2.6.1 refuse your application for membership;

2.6.2 monitor and edit the Content and to remove the Postings from the Website without any prior notice; and

2.6.3 cancel, suspend or terminate your membership at any time;

2.6.4 withdraw or modify any Service where we have a valid legal or commercial reason.

3. Price and Payment

3.1 The membership to the Website is free of any charges;

3.2 We may offer the facility for advertisement or media designing (which may include but not limited to making graphics, websites etc). The price to such services will be as set out in our mail;

3.3 Prices are inclusive of VAT;

3.4 You will pay all sums due to us under these terms by the means specified in our mail without any set-off, deduction or counterclaim;

3.5 Payment shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding;

3.6 You will not be able to avail the concerned service until we have received payment as described in paragraph 3.2.

4. Your Obligations

4.1 You will follow the instructions as contained over the Website or in the e-mails which we may send to you from time to time.

4.2 You should protect your user name and password (which are personal to you and are not transferable) against unauthorised access by any third party. We will not be liable for any damage due to misuse of your user name and password because of your negligence or omission.

4.3 You must notify us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases you should immediately amend your password for using the Service.

4.4 You will not Post your personal details such as your telephone number, fax number, address and/or e-mail address in form of the Content or any other information which would enable other Members and/or users to contact you directly as the disclosure of your confidential or sensitive information by you to any other Member will be entirely at your own risk.

4.5 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.

4.6 You will not use or allow anyone else to use the Website to post or otherwise publish:

4.6.1 copyright works including, but not limited to, commercial audio, video or music files;

4.6.2 any material which violates the law of any established jurisdiction;

4.6.3 unlicensed software;

4.6.4 software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;

4.6.5 links to any of the material specified in this paragraph;

4.6.6 pornographic material;

4.6.7 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.

4.7 You must notify us in writing immediately if you become aware of any inappropriate behaviour of any Member in connection with the Service.

5. Privacy Policy

5.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself including your name, emails address and a town / country of your residence. Any material as provided by you including but not limited to review(s), opinion or comments as written by you may be displayed over the Website with your name and city / country of residence but not your email address. We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Our policy is both specific and strict. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

5.2 Information may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at the Website. If this policy should change in the future (most unlikely), then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.

5.3 Financial information, including credit card details is used to obtain payment that you may be required to make from the Website. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider, PayPal. Such information is automatically encrypted, and later decrypted for use. It never touches our system.

5.4 The information given to us in the course by you for the following listed use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. This information is used:

5.4.1 to display your review, opinion and comment on the Website;

5.4.2 to maintain our accounts and affiliate records;

5.4.3 for billing;

5.4.4 to enable us to answer your enquiries;

5.4.5 for verifying your identity for security purposes;

5.4.6 to send you news about the services to which you may sign up;

5.4.7 to tell you about other of our services.

5.5 However any disclosure to government or legal agencies will act as an exception to this paragraph as we may be required to give information to administrative or legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

5.6 We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

6. System Security

6.1 You agree that you will not directly or indirectly (in connivance with other person) violate or attempt to violate any aspect of the security of the Website;

6.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy or cause damage or unintended effect to any portion of the Website, or any software used on the Website and that you will not permit any other person to do so.

6.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

6.4 Examples of violations are:

6.4.1 accessing data unlawfully or without consent;

6.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

6.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

6.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

6.4.5 taking any action in order to obtain any Service to which you are not entitled.

7. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

7.1 any violation of system security as set out in paragraph 6.4;

7.2 your use of the Website;

7.3 any other breach or violation of these terms and conditions or our reasonable instruction by you;

7.4 the infringement by you, or by any other user of your computer, of any Intellectual Property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing, or offensive material contained in any of your communications.

8. Your Contents

8.1 You acknowledge that other users will be able to view your Contents and you will be able to view the details and Contents forwarded by other Members as Posted.

8.2 We may copy and/or reproduce any information forwarded by you in any form and in any manner as we deem appropriate.

8.3 You warrant and represent to us that all information forwarded by you for Posting:

8.3.1 is accurate, true, legal, complete and is not misleading; and

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

8.4 We reserve the right to review and amend your Contents before Posting them over the Website. We will amend or delete them if we, in our sole discretion, think that they should be amended or deleted. We may tell you by e-mail if we have made any changes.

9. Termination and its Effect

9.1 Your membership may be terminated at any time upon giving us notice by an e-mail. Similarly, we may suspend or terminate your membership at any time upon giving you notice by e-mail due to any reason including, but not limited to the following, if:

9.1.1 you fail to make any payment to us when due;

9.1.2 you breach any of the terms as listed hereby or in an e-mail;

9.1.3 you fail to provide us within the time limit requested by us with sufficient information to enable us to determine the accuracy or validity of any Content forwarded by you;

9.1.4 in our reasonable opinion, any Content forwarded by you is damaging to our business or Members or users.

9.2 The Content and Service may also be withdrawn at any time without any prior notice due to a reason beyond our control and as per our discretion.

9.3 If the agreement is terminated due to any reason listed in paragraph 9.1 then all monies, if any, owed by you to us shall become immediately due and payable. You will not be entitled to any refund of monies paid and you shall not attempt to use the Service or rejoin as a Member.

9.4 Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.

10. Data Protection

You agree that we may process all your personal data which relates to these terms and conditions, either directly or through a third party, bound by a duty of confidentiality. The personal information collected from you is subject to our privacy policy as set out in paragraph 5 of this agreement and you also give your consent to the way we may handle your personal data as detailed in that policy.

11. Content and Intellectual Property Rights

11.1 Title, ownership rights, and Intellectual Property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We strongly protect its rights in all countries.

11.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is required for the purpose of availing the Service.

11.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content except for the purpose of these terms and conditions.

11.4 You represent that any Content as Posted by you, when used alone or combined with any other Content, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately remove such Content and you will indemnify us for any claim or demand that arises out of your Posting. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular Content on the Website.

12. Confidentiality

12.1 It is a condition of your membership that you do not use, divulge or disclose to any person (and that includes a business of any sort) any confidential commercial or confidential technical information relating to our business, finances or affairs which you may happen to learn in the course of our relationship with you in a manner that may be detrimental to our interest.

12.2 This restriction continues indefinitely after your membership has ended but does not apply to information you have to disclose in the course of availing the Services or for purposes contemplated by these terms except where such information is already known to the public or it is required to be disclosed by law.

12.3 We agree to make all our relevant Members, employees and agents aware of the confidentiality of your information and take all such steps as shall from time to time be necessary to ensure compliance with the provisions relating to protection of confidentiality.

13. Warranties and disclaimer

13.1 The Service is provided in its current form and we do not guarantee or warrant that the Service will meet your requirements, purpose or expectations.

13.2 We do not provide any warranty or guarantee in respect of the Service and availability or uninterrupted use of the Service except that we will use our reasonable endeavours to ensure uninterrupted flow of the Services. It is because the Service may be interrupted without notice for repair, maintenance or other technical reasons.

13.3 We or our Content suppliers may make improvements or changes to the Website including any of the Content, at any time and without advance notice.

13.4 You are advised that Content may include technical inaccuracies or typographical errors.

13.5 We give no warranty and make no representation, express or implied, as to:

13.5.1 the adequacy or appropriateness of the Services for your purpose.

13.5.2 the truth of any information given on the Website;

13.5.3 any implied warranty or condition as to merchantability or fitness of the Service for a particular purpose;

13.5.4 compatibility of the Website with your equipment software or telecommunications connection.

13.5.5 compliance with any law;

13.5.6 non-infringement of any right.

13.6 Before acting on any Content or on any information received by you through your use of the Service, you should at your own expense, carry out such investigation as you think is necessary to satisfy yourself of the truth and accuracy of such Content and information.

13.7 The Website may contain links to other Internet websites. We have neither power nor control over any such websites. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website or the products / services advertised therein, nor for any loss or damage arising from your use of any such website.

13.8 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use or loss of data, whether in an action, negligence or otherwise, arising out of or in connection with your use of the Website.

13.9 In any claim against us our liability is limited to the price, if any you have paid which is the subject of the dispute.

14. Limitations of liability

14.1 We shall have no liability for any defect in the Service caused or contributed to by you or any other Member or due to a reason beyond our control.

14.2 We shall not be liable to you in respect of any loss of opportunity, profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the same.

14.3 You hereby agree to give us not less than 28 days in which to remedy any default for which we may be liable before you incur any costs or expenses in remedying the matter yourself. If you do not do so we shall have no liability to you.

14.4 We shall have no liability to you arising out of your use of the Service or your reliance on any information forwarded by other Members as Posted.

14.5 It is possible for other users / Members to obtain and misuse information about you as a result of your use of the Service. We shall have no liability to you arising out of any Member's misuse of Information forwarded by you on the Website or to other Members.

14.6 We shall not be liable for any breach of the obligations resulting from causes beyond our reasonable control including, but not limited to an act of God, fire, natural disaster, war or military hostilities and strikes of employees.

15. Notices and service

Any notice or other information required or authorised by these terms and conditions to be given by either party to the other may be given by hand or sent by first class pre-paid post, or electronic means to the other party at the address last provided for that type of communication. Any notice or other information sent by electronic means shall be deemed to have duly sent on the date of transmission.

16. Contracts (Rights of Third Parties)

It is not intended that this agreement shall give any right to any third party under the Contracts (Rights of Third Parties) Act 1999.

17. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18. Headings

The headings in this document are for reference only.

19. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

20. Waiver

The failure by either party to enforce at any time or for any period any one or more provision of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all these terms and condition.

21. Jurisdiction

These terms and conditions shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.

If you have any query relating to these terms and conditions, the copyright issue, our working or your dealings with us, you can contact us by email at or by post at PO Box 197, Heathfield, TN21 1BF.

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