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Terms & Conditions

Home Terms & Conditions

Dated: 22 September 2015

These Terms and Conditions ("Terms") form a binding agreement between you and Fellow Masters Ltd ("we, us, our, FellowMasters"), registered in England and Wales (company number 09365065) with its registered office at Unit 11 Hove Business Centre, Fonthill Road, Hove BN3 6HA. These Terms governs your access and use of FellowMasters products and services including, but not limited to, our mobile applications, our cloud-based services and our website located at www.fellowmasters.com (collectively, the "Services")."

Please read carefully these Terms and FellowMasters Privacy Policy (the "Privacy Policy"). Your use of the Services constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and the Privacy Policy. If you choose to not agree with any part of these Terms, you may not use the Services.

Any individuals and/or businesses who use the Services are hereinafter referred to as "Users."

OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS MAY CREATE LISTINGS AND MAKE APPOINTMENTS. FELLOWMASTERS DOES NOT INTRODUCE USERS TO EACH OTHER NOR DOES IT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED BY OTHER USERS THROUGHT THE PLATFORM. YOU UNDERSTAND AND AGREE THAT FELLOWMASTERS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. FELLOWMASTERS HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

1 Eligibility

You are eligible to use our Services, only if you:

  1. Represent that you are able to form a binding contract in your jurisdiction and be at least 18 years old. You further represent and warrant to us that if you are an individual and you open an Account with us that you are not acting on behalf of an undisclosed principal or a third party beneficiary;
  2. Comply with the Terms;
  3. Will not copy or distribute any part of FellowMasters in any medium without FellowMasters’s prior written authorization;
  4. Provide accurate and complete information when creating an account;
  5. Acknowledge you are solely responsible for the activity that occurs while signed in to or while using FellowMasters;
  6. Acknowledge your sole responsibility for your content submissions, including posts, profile information and links, pictures, and other such content. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity;
  7. Acknowledge that FellowMasters is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords;
  8. Affirm that you own or have the necessary licenses, rights, permissions, and consent to use and authorize FellowMasters to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across FellowMasters;
  9. Grant each FellowMasters user, whether using FellowMasters or an application developed via a third-party developer, a non-exclusive license to access your submissions through FellowMasters and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through FellowMasters’s functionality and under these Terms;
  10. Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to FellowMasters;
  11. Affirm we have the right to determine whether any of your submissions are appropriate and complies with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice;
  12. Agree not to use the Services for any unlawful activity and FellowMasters reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, FellowMasters reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
  13. Affirm you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available through the Services; and (iii) your interactions with other Users through the Services.

FellowMasters reserves the right to refuse to accept any new user or any transaction at its discretion.

2 Safety First

You are solely responsible for taking appropriate safety precautions in connection with your use of the Services. FellowMasters cannot confirm that each User is who they claim to be and therefore, FellowMasters cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Services. When interacting with other Users of the Services or in real life you should exercise caution and common sense to protect your personal safety and property. For example, if you are dealing with someone you don’t know, always arrange to meet in a public place, like a café or bank.

NEITHER FELLOWMASTERS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE FELLOWMASTERS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. FELLOWMASTERS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

3 No Employment

You agree that your use of the Services does not constitute a partnership, joint venture, relationship of employer and employee or worker and hirer between you and FellowMasters. It is your responsibility to determine what, if any, taxes apply to the sale of your services and/or the payments you receive in connection with your use of the Services. It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. Furthermore to the extent permitted by law, you indemnify and keep FellowMasters fully indemnified from and against all and any liability, loss, penalties, awards, damages, expenses or costs (including legal costs) which FellowMasters incurs or becomes liable for arising out of any claim made by Her Majesty’s Revenue and Customs (HMRC) or any other relevant authority in relation to tax, eligibility to work, National Insurance contributions or other similar contributions due on or in relation to your use of the Services.

4 Acceptable use

You may not use the Services for activities or practices that:

  1. violate any law, statute, ordinance or regulation.

  2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
  3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s cheques or money orders, (h) involve currency exchanges or cheque cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
  4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  5. relate to any product, service or activity that is deceptive, unfair, predatory or prohibited by applicable laws.

5 Communication Restrictions

Without limitation, while using the Services, you may not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including FellowMasters staff.

  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
  • Use the Services for any purpose in violation of local, state, national, or international law.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
  • Post the same content repeatedly ("Spamming"). Spamming is strictly prohibited.
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Services.
  • Restrict or inhibit any other User from using and enjoying the Services.
  • Imply or state that any statements you make are endorsed by us, without our prior written consent.
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
  • Hack or interfere with the Services, its servers or any connected networks.
  • Adapt, alter, license or sublicense the Services for your own personal or commercial use.
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by FellowMasters.
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
  • Use the Services in violation of this Agreement.
  • Use the Services to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
  • Register under different usernames or identities, after your account has been suspended or terminated.
  • Post through the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that (i) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices; (ii) intended to defraud, swindle or deceive other users of the Services;

6 Release

Because FellowMasters is not involved in the actual contract between Users, if you have a dispute with one or more Users, you release FellowMasters (and our offices, directors, agents, investors, subsidiaries and employees) from any and all claims, liabilities, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7 Privacy

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement.

8 Reporting of Violations

You will promptly report to FellowMasters any violation of the Agreement by others, including other Users.

9 Disclaimers of Warranty

You agree that your use of the Services shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, FELLOWMASTERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN "AS IS" BASIS. FELLOWMASTERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. FELLOWMASTERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FELLOWMASTERS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FELLOWMASTERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10 Limitations of Liability

FellowMasters is not responsible for the conduct, whether online or offline, of any User of the Services. Moreover, FellowMasters does not assume and expressly disclaims any liability that may result from the use of information provided through the Services. You hereby expressly agree not to hold FellowMasters (or FellowMasters’ officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter "Affiliates") liable for the actions or omissions of any User or for any information, instruction, advice which originated through the Services.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and any contact you have with other users of our services whether in person, by phone, online or other means remains with you. FellowMasters will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Services, from any communications, interactions or meetings with other Users or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FellowMasters has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, FellowMasters’ liability for fraudulent misrepresentation, death or personal injury caused by FellowMasters’ negligence or liability that may not otherwise be limited or excluded by law.

Our aggregate liability to you in connection with any claim arising out of or relating to the Services shall be limited to the total fees you have paid to us in relation to the Services offered giving rise to liability.

11 Indemnification

You hereby agree to indemnify FellowMasters, its directors, officers, employees, agents, subsidiaries and affiliates and keep them indemnified from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with (i) your use or inability to use the Services, or (ii) any content submitted by you or using your account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. FellowMasters reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification.

12 Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Services, and supersede all previous agreements in respect of your use of this website.

13 Governing law and jurisdiction

These Agreement and your use of the Services shall be governed by English law. You agree that any dispute between you and us regarding these Terms or the Services will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

14 General Provisions

We may change, modify, suspend or discontinue any aspect of the Services we provide at our sole discretion at any time without prior notice or liability. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. This Agreement will inure to the benefit of FellowMasters, its successors and assigns.

We may update this agreement at any time. You should look at the terms regularly. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms and conditions, you should discontinue your use of the Services.

15 Contacting us

To contact us, please email us at support@fellowmasters.com.

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