TERMS AND CONDITIONS OF USE FOR WWW.NEIGHBO.COM

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

OWNERSHIP

This website (“the Website”) is operated by GroupCom Limited (”GroupCom”).
The information provided is subject to GroupCom’s Privacy Policy which you should read before accessing such information.

LEGAL AGREEMENT

By entering the Website, and/or any page accessible on this site you accept, without qualification, the terms and conditions set out below (the “Terms”). By accessing and using this Website, you acknowledge that you are bound by the Terms.

If you do not wish to be bound by the Terms you should not access or use the Website.

GroupCom may modify the Terms in its absolute discretion from time to time. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

Please in any event signify that you accept the Terms by clicking I AGREE during registration.

INTELLECTUAL PROPERTY RIGHTS

The Website, and all the information and graphic representations or images on or available on it (“Content”), are owned by, or licensed to GroupCom or users of the Website. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of GroupCom or its licensors.

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

Provided that you are eligible to use the Website, you are granted a limited, non-exclusive licence (which is revocable at any time without notice and with or without cause) to access and use the Website and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Without GroupCom’s written consent, you may not use, transfer, copy, download, sell, publish, distribute, reproduce or incorporate in any other database or compilation any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing or printing its content as set out above. This includes electronic reproduction by uploading or downloading. However, the foregoing shall not apply to your own User Content (as defined below) that you legally post on the Website. Any other use of the Website or the Content is strictly prohibited, and may also infringe applicable intellectual property and other laws.

This licence is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting any licence in respect of intellectual property rights. GroupCom reserves the right to terminate this licence immediately if you use the Website or Content other than as specifically authorised by these Terms.

GroupCom Limited hereby reserves all rights in its trading name “Neighbo” and in all goodwill accruing to that name. The name “Neighbo” may not be used, including without limitation as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written consent of GroupCom.

If you believe that any Content on the Website infringes your intellectual property rights, please email us at help@neighbo.com with written details of the infringement.

NO UNLAWFUL OR PROHIBITED USE

You warrant that it is legal for you to view, use and interact with the Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content and interacting with the Website.

You undertake to GroupCom that you will not use the Website for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.

You agree to indemnify GroupCom, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this warranty or undertaking.

USING THE WEBSITE

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide GroupCom with any optional information requested. You also agree to maintain and promptly update information provided when you registered with the Website and any other information you provide to GroupCom, to keep it accurate, current and complete, and to maintain the security of your login and password.

Membership of managed communities is restricted to current residents owners or managers of a particular community. Where this is the case, you agree that you will cease to be a member of such communities automatically as soon as you are no longer a resident owner or manager and to notify GroupCom of the same as soon as reasonably practicable.

You are fully responsible for all use of your account and for any actions that take place using your account, including without limitation your interactions with other users of the Website.

When accessing and using the Website in any way, you agree not to:

  • impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
  • modify, access or make available data stored on a computer or device which you have accessed through the GroupCom network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
  • make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
  • damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
  • use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
  • publish, post, distribute, disseminate or otherwise transmit material or information which GroupCom deems to be defamatory, offensive, infringing, obscene, indecent, unlawful, objectionable or promotes, facilitates or encourages criminal offences or breaches of law;
  • use the Website in any manner that could damage, disable, overburden or impair the Website;
  • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
  • falsify the true ownership of software or other material or information contained in a file made available via the Website;
  • transfer or sell your user name and password to another party;
  • obtain or attempt to obtain unauthorised access, through whatever means, to the Website;
  • use the Website to promote commercial services;
  • use the Website other than only for your personal, non-commercial use (except for managing agents of a community or their staff);
  • use automated scripts to collect information from or otherwise interact with the Website;
  • upload, post, transmit, share, store or otherwise make publicly available on the Website any private information or personal details of any third party, including without limitation addresses, phone numbers or email addresses; intimidate or harass another person;
  • upload, post, transmit, share, store or otherwise make publicly available on the Website content that, in GroupCom’s sole judgement is objectionable, restricts or inhibits any other person from using or enjoying the Website, or which may expose GroupCom or its users to any harm or liability of any type.

OUR USE OF YOUR PERSONAL DETAILS

Please see our Privacy Policy which forms part of these Terms.

LINKS TO THIRD PARTY SITES

The Website contains links to websites operated by parties other than GroupCom (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. GroupCom has no control over, and will accept no responsibility or liability in respect of, material on any website that is not under its control. Any arrangement made between you and any third party named in or introduced to you through the Website is at your sole risk and responsibility. If you decide to access Third Party Websites, you do so at your own risk and these Terms will no longer govern - you should review the applicable terms and conditions of the Third Party Website(s). The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

APPLICATIONS

The Website contains services and functionality that enables third party developers to create applications that retrieve and use data made available by GroupCom and users of the Website, subject to the third party developer accepting GroupCom’s terms and conditions for such platform application. We will only allow such applications on the Website provided that the third party developer displays your data solely in accordance with your privacy settings and with our Privacy Policy. You may also be required to accept the third party developer’s terms and conditions to install and/or use the application, and so you should review these carefully. You use such applications at your own risk.

USER CONTENT

You are solely responsible for any content (in whatever medium or form) that you upload, publish, display, post on, or transmit to or share with other users, on the Website (“User Content"). You are solely responsible for creating back up copies and replacing any User Content you post or store on the Website or provide to GroupCom.

You may only upload, publish, display, post on, or transmit to or share with other users User Content on the Website that you own or are licensed or permitted to so use. You agree not to use, post, transmit or share through the Website or any User Content any materials of any kind which infringe the rights of any third party, including without limitation, any proprietary or intellectual property rights. You agree to indemnify GroupCom, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

Ownership of your User Content, and any intellectual property and proprietary rights in your User Content, remains with you. However, by uploading, publishing, displaying, posting or transmitting User Content to the Website, or sharing User Content with other users, you hereby grant GroupCom, and hereby represent that you have the right to grant, to GroupCom an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (i) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or its promotion, (ii) to prepare derivative works of, or incorporate into other works, such User Content, and (iii) to grant and authorise sub-licences of such User Content and embodiments thereof.

You also authorise and direct GroupCom to make such copies of the User Content as we deem necessary to enable us to post and store the User Content on the Website.

You acknowledge and accept that GroupCom does not control the information provided by users that is made available on this Website, including without limitation User Content and/or messages posted in our blog and/or forum or other message areas (the “Forum”).

Although GroupCom provides rules for user conduct and postings, and for User Content, you acknowledge and accept that GroupCom does not review, monitor, pre-screen or police User Content or Forum messages, although GroupCom reserves the right to do so in its discretion. GroupCom and its agents shall have the right (but not the obligation) in their sole discretion to refuse, delete, move or remove any Content that is available via the Forum and/or any User Content. Without limiting the foregoing, GroupCom and its agents shall have the right to remove any User Content or Forum messages where GroupCom's view (in its sole judgement) is that it is inappropriate, cannot be verified or authenticated, or otherwise is in breach of these Terms.

LIABILITY DISCLAIMER

In preparing this Website, and where GroupCom has provided information, GroupCom has used reasonable endeavours to offer current, correct and clearly expressed information. However, GroupCom cannot guarantee that the information will be accurate, complete or current at all times.

Some of the information on the Website has not been provided by GroupCom and has been provided by third parties. You use, download or otherwise obtain such Content at your own discretion and risk. GroupCom is not responsible for the conduct, whether online or offline, of any user of the Website. GroupCom will not be liable for any Forum messages or User Content, including but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any Forum messages or User Content posted, e-mailed or otherwise transmitted via the Website, except where and to the extent the error is caused by an act or omission of GroupCom. The Website may contain advertisements. Save for those advertising GroupCom’s own services, GroupCom is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.

GroupCom acknowledges that it may be liable for direct and foreseeable losses arising from GroupCom’s acts or omissions in connection with the Website. However, in all other circumstances GroupCom shall not be liable for any damages whatever, including but without limitation to, loss of or damage to property (including without limitation Content), damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website or interactions betweens users of the Website (whether online or offline), whether based on contract, tort (including negligence), or otherwise, without limitation, even if GroupCom has been advised of the possibility of damage. GroupCom’s liability in this respect is limited to £10,000.

If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Website.

Notwithstanding anything in these terms GroupCom does not disclaim liability for death or injury caused by its own negligence.

GroupCom reserves the right to change or remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

AVAILABILITY

GroupCom reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice including without limitation in accordance with our termination rights set out below.

The Website may be temporarily unavailable from time to time for maintenance or other reasons. GroupCom shall not be responsible for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, Website user communications; or (b) any technical malfunction, other problem, or lack of availability caused by hardware or equipment, computer systems, servers or providers, software, communications systems or traffic congestion on the Internet; or (c) otherwise events beyond GroupCom’s reasonable control.

VIRUS PROTECTION AND COMPATIBILITY

GroupCom takes certain precautions to detect computer viruses and ensure security while operating the Website, but GroupCom cannot guarantee that the Website is virus-free and secure.

GroupCom does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

TERMINATION

GroupCom may restrict your access to the Website, refuse to correspond with you, delete your account and/or cancel your registration without prejudice to any other accrued rights, without prior notice to you where:

  • there is a regulatory or statutory change limiting the ability to provide access to the Website;
  • there is any event beyond the reasonable control of GroupCom preventing GroupCom from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
  • GroupCom considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

MONITORING

GroupCom reserves the right to monitor and track your visits to the Website, as set out in our Privacy Policy.

GENERAL

Unless otherwise specified, the Website is directed solely at those who access this site from the United Kingdom. GroupCom makes no representation that any service or product referred to in the material on this Website is appropriate for use, or available, in any particular location. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

A failure or delay by GroupCom in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and GroupCom as to your use of the Website and the Content and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.

English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.

You should direct any questions or comments about these Terms to help@neighbo.com