Member Terms and Conditions

BY ACCESSING THIS WEBSITE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF FINGATIPS LTD'S ("FINGATIPS") WEBSITES AND SERVICES INCLUDING OFFLINE COMPONENTS (TOGETHER, THE "FINGATIPS SERVICES" OR "THE SERVICE").
THE FINGATIPS SERVICE IS NOT AVAILABLE TO MEMBERS WHO DO NOT ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY.

1. Introduction

1.1 Fingatips Ltd (Registered number 06536259) ("Fingatips") operates an online database and review service allowing registered users ("Members") to access reviews and recommendations of web sites made by other Members, to join focused communities, and to accumulate a personal database of bookmarks and contacts, in order to organize and share their knowledge in a particular area.

1.2 Fingatips will display certain links or adverts (“Ads”) on the Website. The Advertiser is responsible for the content of its Ads including ensuring Ads are legal and do not infringe the rights of anyone else.

1.3 Members shall not

1. copy, replicate, reproduce, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Fingatips Service or any Ads or other Content posted on the Website in whole or in part in any way;
2. make derivative works based upon the Fingatips Service;
3. create Internet links to the Fingatips Service or frame or mirror any part of the Service on any other server or wireless or Internet-based device; or
4. reverse engineer or access the Fingatips Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Fingatips Service, or (c) copy any ideas, features, functions or graphics of the Fingatips Service.

1.4 You may use the Fingatips Service only for your bona fide investigation of web sites and shall not:

1. compile or distribute material in violation of applicable laws;
2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
4. interfere with or disrupt the integrity or performance of the Fingatips Service or the data contained therein; or
5. attempt to gain unauthorised access to the Fingatips Service or its related systems or networks.

2.  Fingatips’ Responsibilities

2.1 Fingatips will:

1. provide the services covered by these Terms using reasonable care and skill;
2. allow Members to register, search for, review, organize and share information about web sites
3. maintain the availability of the Website in accordance with clause 5.
4. maintain and use your personal information in accordance with Fingatips’ Privacy Policy which forms part of these Terms and Conditions.
5. ensure the effectiveness of the Service for Advertisers and Members by, at its sole discretion, suspending or removing access to the Service from any Member suspected of acting in a manner contrary to the interests of Fingatips, including but not limited to nuisance applications.

3.  Your Rights and Responsibilities

3.1 Members may use the Service only for personal use and in accordance with these terms.

3.2 You may browse the Website using a compatible web browser. Fingatips may from time to time provide guidance on the compatibility of various web browsers, however it is and remains your responsibility to use and configure your web browser in order to browse the Website effectively. You are responsible for providing and maintaining your own broadband internet connection(s) and computer network and equipment as required in order to access the Website.

3.3 Permission to browse the Website includes permission to make transient or cached copies of parts of the Website to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Website by you; and print a copy of any page of the Website or email a section of the Website to another person to the extent permitted on the Website, for your own personal purposes, provided you do not do any of the things set out under 1.3 or 1.4.

3.4 You are responsible for all activity occurring under your account and shall abide by all applicable laws in connection with your use of the Fingatips Service. You shall:

1. notify Fingatips immediately (at support@fingatips.com) of any unauthorised use of any password or account or any other known or suspected breach of security;
2. report to Fingatips immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or your Members to be in breach of any applicable laws or regulations; and
3. not provide false identity information to gain access to or use the Fingatips Service.

3.5 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Website; you may not remove or change anything on the Website except your registered details or include or create links to or from the Website; you are not allowed to copy or use any material from the Website for any commercial purpose; you are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Website.

3.6 You must only use the Website and anything available from the Website for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Website or Service in any of the ways described in clause 4.4.

3.7 Fingatips Ltd accepts no obligation to monitor the use of the Website. However, Fingatips Ltd reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Fingatips Ltd will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

3.8 You agree that in the event that Fingatips Ltd undergoes reorganisation or is sold to a third party any personal information Fingatips Ltd holds about you may be transferred to that reorganised entity or third party.

3.9 For registration and use of the Website your Member name will be different to the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
3.9.1 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Website immediately, and notify Fingatips Ltd of such failure or error by sending an email to support@fingatips.com. Fingatips Ltd reserves the right to change, or to require you to change, your password at any time in its sole discretion.
3.9.2 You warrant that you are entitled to receive emails at the email address you provide. You should note that many companies prohibit their employees using the company email for private use and we encourage you to open a private account and use an external computer network to visit the Website.
3.9.3 You agree to notify Fingatips Ltd promptly by using the update facility on the Website of any changes to your registration details.

4.  Use of the Website by Members

4.1 Fingatips shall allow Members to use the Website and to search for web sites by entering specific Search Criteria Information. Fingatips shall use reasonable efforts to match the Search Criteria Information to relevant web sites held in the database.

4.2 Fingatips will generate a list of relevant web sites for Members. The list will be displayed in order of review scores based on a threshold relevance to Search Criteria Information and Members shall be able to view detailed web sites from this list. Fingatips shall not keep a record of Search Criteria Information selections.

4.3 Fingatips reserves the right, in its sole discretion, to refuse access to the Website and/or the search services and/or the contact methods to any person or class of persons for reasons including but not limited to inappropriate or excessive use or abuse of the services or causing a nuisance to Members, or Advertisers, such reasons to be assessed by Fingatips at its sole discretion.

4.4 When sending, posting, uploading or otherwise transmitting information using the forum, chat or similar facilities and when submitting Content to the Website you should do so in accordance with the following rules:

1. you must not use obscene or vulgar language;
2. you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, obscene or pornographic, threatening, harassing, menacing, offensive, defamatory, ageist, sexist or racist, or otherwise unlawful;
3. you must not submit Content that is intended to promote or incite violence;
4. it is advised that posts on message boards, chat facilities or similar and communications with Fingatips are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
5. Content submissions are required to be made using the English language(s).  Content in any other language may be removed at our sole discretion;
6. you must not post links to other web sites containing any of the above types of Content;
7. the means by which you identify yourself must not violate these terms of use or any applicable laws;
8. you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
9. you must not impersonate other people or otherwise misrepresent your identity or status, particularly as employees and representatives of Fingatips or our affiliates;
10. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
11. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
12. You must not send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
13. You must not harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;
14. hack into the Website or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other Members from using and enjoying the Website or any other web site or damage or destroy the reputation of Fingatips Ltd or any third party
15. 4.5 You acknowledge that Fingatips reserves the right to monitor any and all communications made to us or using our System.
16. 4.6 In order to use the forum, chat or similar facilities and any other communication facility that may be added in the future, or to submit Content, you are required to submit certain personal details.  By continuing to use this Website you represent and warrant that:
17. any information you submit is accurate and truthful; and
18. you will keep this information accurate and up-to-date.
19. 4.7 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion.  Fingatips accepts no responsibility or liability for any infringement of third party rights by such Content. Further, you waive all moral rights in the Content to be named as its author and grant Fingatips a licence to modify the Content as necessary for its inclusion on the Website.  Fingatips accepts no responsibility or liability for any infringement of third party rights by such Content.
20. 4.8 Fingatips will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content.  Use of and reliance upon such Content is entirely at your own risk.
21. 4.9 Unless a User informs Fingatips otherwise, in advance of posting, in writing (by email to support@fingatips.com), and Fingatips agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Fingatips may deem appropriate under a royalty-free, perpetual basis.
22. 4.10 Content submitted by Users is not screened by Fingatips prior to appearing online.  We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author.  We shall be under no obligation to exercise such discretion.  If you wish to enquire as to the removal of Content, please submit your query to support@fingatips.com.  This does not constitute an undertaking to explain our actions.

4.11 In the event that any of the provisions of Sub-Clause 4.1 to 4.7 above, are not followed, Fingatips reserves the right to suspend or terminate your access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

5.  Availability of Website

5.1 Fingatips does not warrant or guarantee to keep the Website or associated services or any specific Content available 100% of the time. Fingatips shall use reasonable efforts to maintain the availability of the Website generally.

5.2 Fingatips represents that it will provide the Fingatips Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Fingatips Service will perform substantially in accordance with the online Fingatips help documentation under normal use and circumstances.

5.3 The Member acknowledges that the Website or associated services may be unavailable at times for reasons including but not limited to technical maintenance and that Fingatips’ services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Fingatips is not responsible for any delays, delivery failures, or other damage resulting from such problems.

6.  Content of Ads and Advertiser Contacts

6.1 Each Advertiser has sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all content of Ads and other data provided by the Advertiser.


7.  Intellectual Property Rights

7.1 Subject to the exceptions in Clause 7.5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Members, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fingatips, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

7.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for as specified in Clause 7.6 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Fingatips.  Specifically you agree that:

1. You will not use the Content of the Website for commercial purposes;
2. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Fingatips;

7.3 Fingatips shall own all rights and interests, including all Intellectual Property Rights, in and to the Fingatips Service including but not limited to systems, processes, technology, navigation, logos and trademarks , graphics text and other Content except as provided in Clause 7.6. Fingatips shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party to Fingatips relating to the Fingatips Service. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Fingatips Service. The Fingatips name and logo and the product names associated with the Fingatips Service are trademarks of Fingatips or third parties, and no right or license is granted to use them.

7.4 All Intellectual Property Rights in the content of Advertiser's Ads shall belong to the Advertiser.

7.5 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 7.1 to 7.4 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 7.6 continue to apply.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
7.6 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8.  Liability and exclusion of warranties

8.1 Fingatips and its affiliates, officers, directors, employees and agents make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Fingatips Service or any Content. Fingatips and its affiliates, officers, directors, employees, and agents do not represent or warrant that

1. the use of the Fingatips Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
2. the Fingatips Service will meet your requirements or expectations,
3. any stored data will be accurate or reliable,
4. the Fingatips Service or the servers that make the Fingatips Service available are free of viruses or other harmful components. The Fingatips Service is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law and subject to Clause 10.3.
5. the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
6. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Fingatips makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.
7. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
8. The information on this Website is not designed with commercial purposes in mind.  Commercial use of the Content of this Website is forbidden under Clause 7.2 of these Terms and Conditions.  Any such use constitutes a breach of these Terms and Conditions and Fingatips makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
9. Whilst every effort has been made to ensure that all descriptions of services available from Fingatips correspond to the actual services available, Fingatips is not responsible for any variations from these descriptions.

8.2 Subject to Clause 8.4, Fingatips has no control over and makes no representations or warranties in respect of any Members of the Website including any Advertisers, whether relating to skills, experience, identity or other factors, or to the performance or suitability of the web site Search Criteria Information and algorithms used in the Website.

8.3 Subject to Clause 8.4, Fingatips will not be liable (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any loss of earnings or income, loss of business opportunity or other damage to business, loss of management or other staff time, loss of data or software, any special, exemplary, punitive, incidental or consequential damages of any kind, or any loss or damage caused by something outside Fingatips’ reasonable control.

8.3.1 Subject to clauses 8.1, 8.2, 8.3 and 8.4, Fingatips’ liability to you whether in contract, tort or otherwise is limited to £10.

8.4 The liability of either party for death or personal injury arising from its negligence or that of its servants or agents, for breach of any term (express or implied) as to title or quiet use or enjoyment, for fraudulent misrepresentation, under any express indemnity set out in these Terms or for breach of confidentiality is not excluded or limited, even if any other term of these Terms would otherwise suggest that this might be the case.

9.  Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Fingatips Service. Any such activity, and any terms and conditions associated with such activity, is solely between you and the applicable third party. Fingatips shall have no liability or responsibility for any such correspondence, purchase or promotion between you and any such third party. Fingatips does not endorse any sites on the Internet that are linked through the Fingatips Service. Fingatips provides these links to you only as a matter of convenience, and in no event shall Fingatips be responsible for any content, products, or other materials on or available from such sites.

10.  General

10.1 Fingatips may assign these Terms to any successor of Fingatips whether such successor arises due to reconstruction, amalgamation or transfer of any engagement or business or to any of its associated companies. For the purpose of these Terms, any two persons are to be treated as "associated" if one is a corporate body of which the other directly or indirectly has control or if both are corporate bodies directly or indirectly controlled by the same person or group of persons. For these purposes a person or group of persons who are able directly or indirectly to control or materially to influence the policy of a corporate body, but without having a controlling interest in that body corporate, may be treated as having control of it. The terms "associate" and "associated company" are to be interpreted accordingly.

1. 10.2 To the maximum extent permitted by law, Fingatips accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and it’s Content at their own risk.
2. 10.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

10.4 All notices, agreements and consents under these Terms shall be in writing and shall be sent to the address of the recipient set out in these Terms. Fingatips may give notice by means electronic mail to your e-mail address on record in Fingatips’ account information, or by written communication sent by mail to your address on record in Fingatips’ account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to Fingatips at any time by email to support@fingatips.com. Such notice shall be deemed to have been given upon receipt by Fingatips.

10.5 If any provision of these Terms is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforceability of any other provision of these Terms or these Terms as a whole.

10.6 These Terms shall be governed by and interpreted in accordance with the laws of England and subject to the jurisdiction of the High Court of Justice in England.

10.7 These Terms comprise the entire agreement between you and Fingatips in relation to use of the Fingatips Service and supersede all prior negotiations, discussions or agreements, whether written or oral, between the parties regarding the Fingatips Service.

10.8 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
10.9 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

11.  Definitions

11.1 In these Terms the following words and phrases shall have the following meanings: